76th Legislative Session _ 2001

Committee: Senate Agriculture and Natural Resources
Thursday, January 18, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    de Hueck
P    Diedtrich (Elmer)
P    Ham
P    Hutmacher
P    Reedy
P    Staggers
P    Symens
P    Hainje, Vice-Chair
P    Diedrich (Larry), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Diedrich

MOTION:     TO APPROVE THE MINUTES OF THE LAST MEETING

Moved by:    Ham
Second by:    Diedtrich (Elmer)
Action:    Prevailed by voice vote.

          SB 9: revise certain provisions pertaining to landowner liability for injuries sustained by trespassers on flooded land.

Presented By:    Senator Vitter
Proponents:    Richard Tieszen, State Farm

The Chair deferred SB 9 until another day.

         SB 8: establish a public policy of protecting cropland and pasture in county drainage plans.

Presented By:    Senator Symens
Opponents:    Doug Hansen, Game, Fish and Parks

         Richard Barnett, United Sportsman
         Tim Tollefsrud, Department of Environment and Natural Resources

MOTION:     AMEND SB 8

8tb
     On page 1, line 9 of the printed bill, delete " shall " and insert " may ".

Moved by:    de Hueck
Second by:    Ham
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 8

8ta
     On page 1, line 8 of the printed bill, delete " Whenever " .

     On page 1 , line 9, delete " feasible, the " and insert " The ".

     On page 1 , line 10, delete " by permitting drainage onto public lands or waters " .

Moved by:    Symens
Second by:    de Hueck
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 8 AS AMENDED

Moved by:    Ham
Second by:    de Hueck
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    de Hueck, Diedtrich (Elmer), Ham, Hutmacher, Reedy, Staggers, Symens, Diedrich (Larry)

Voting No:    Hainje

          SB 10: clarify certain provisions concerning the ownership of public water and public access thereto.

Presented By:    Senator Symens
Proponents:    Representative Lintz
         Ordean Parks, self
         Rick Vallery, South Dakota Wheat Incorporated

         Gail Brock, South Dakota Association of Towns and Townships
Opponents:    Doug Hansen, Game, Fish, and Parks
         Richard Barnett, United Sportsman

MOTION:     DO PASS SB 10

Moved by:    Symens
Second by:    Reedy
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 10 TO THE 41ST LEGISLATIVE DAY

Moved by:    de Hueck
Second by:    Hainje
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    de Hueck, Diedtrich (Elmer), Hutmacher, Hainje, Diedrich (Larry)

Voting No:    Ham, Reedy, Staggers, Symens

         SB 11: permit the fencing of certain lakes, ponds, and sloughs for the containment of livestock.

Presented By:    Senator Symens
Proponents:    George Williams, South Dakota Department of Agriculture
Opponents:    Doug Hansen, Game, Fish, and Parks

MOTION:     AMEND SB 11

11ta
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. Any person who owns any tract of land classified as agricultural land pursuant to §  10-6- 31.3, and which is inundated by water or frozen water of a nonmeandered lake may fence such tract:

             (1)    If livestock are annually pastured in such areas and the fence is reasonably necessary to prevent the livestock from straying from land of the owner;

             (2)    If the fence is so constructed and so marked that it does not, under daytime and nighttime conditions, constitute a danger to the public; and

             (3)    If the fence is so constructed that the right of the public to utilize the nonmeandered lake is not prohibited or unduly restricted and is in compliance with any rules promulgated by the Water Management Board pursuant to section 2 of this Act.

     Construction of a fence in violation of this section is a Class 2 misdemeanor.

     Section 2. The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish criteria, standards, and requirements for appropriate gates, switchbacks, or other devices that permit safe use of the nonmeandered lake and passage of boats, canoes, or other vessels, pedestrians, and snowmobiles in accordance with section 1 of this Act.

     Section 3. The owners of land described in section 1 of this Act may request a variance from the requirements of sections 1 and 2 of this Act by application to the Water Management Board if local conditions do not permit compliance with rules promulgated pursuant to section 2 of this Act. Upon receiving a request for a variance, the chief engineer, as defined in subdivision 46-1-6(5), shall schedule the matter for hearing by the Water Management Board in accordance with the procedures specified in chapter 46-2A.

     Section 4. A gate or opening constructed pursuant to rules promulgated by the Water Management Board pursuant to section 2 of this Act is required in any fence constructed on the land described in section 1 of this Act."

Moved by:    Hainje
Second by:    Ham
Action:    Was not acted on.

 MOTION:     DEFER SB 11 UNTIL JANUARY 23RD

Moved by:    Hutmacher
Second by:    Reedy
Action:    Prevailed by voice vote.

 MOTION:     ADJOURN

Moved by:    Reedy
Second by:    Hainje
Action:    Prevailed by voice vote.

Ryan Olson

____________________________

Committee Secretary
Larry Diedrich, Chair

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