The second meeting of the interim Agriculture and Natural Resources Committee began at 9:00 a.m. on August 28, 2000, with a tour of the Day County area to view problems involving wetlands expansion.

For the purpose of conducting a public hearing to receive testimony on problems involving wetlands expansion, Chair Kenneth Wetz called the interim Agriculture and Natural Resources Committee to order at 8:30 a.m., on August 29, 2000, in the Day County Courthouse Courtroom, Webster, South Dakota.

A quorum was determined with the following members answering the roll call: Senators Bob Drake, Frank J. Kloucek, and Paul N. Symens; and Representatives William F. Cerny, Elmer Diedtrich, Art Fryslie, Gary D. Hanson, Doug Kazmerzak, Claire B. Konold, Joanne Lockner, Robert R. Weber, and Kenneth Wetz. Senators Paul Valandra and Drue J. Vitter, and Representative Jim Lintz were unable to attend.

Staff members present included Reuben D. Bezpaletz, Chief of Research Analysis and Legal Services, and David L. Becker, Senior Fiscal Analyst.

(NOTE: For sake of continuity, the following minutes are not necessarily in chronological order. Also, all referenced documents are on file with the Master Minutes.)

REPRESENTATIVE WEBER MOVED, SECONDED BY REPRESENTATIVE LOCKNER, THAT THE MINUTES OF THE FIRST MEETING (JUNE 8, 2000), BE APPROVED. The motion prevailed unanimously on a voice vote.

Mr. Robert Harrenga, Castlewood, SD, told the committee about increasing criminal activity in rural areas due to enhanced public access to rural areas. He also gave the committee information about a state built dam that inundated 1,400 acres of land and prevents back flow of the water.

Mr. Mike Schmidt, Flandreau, SD, distributed printed testimony on fencing waterways (Document #1). He also was concerned about landowner liability issues.

Mr. Robert Duerre, Bristol, SD, discussed private property rights. He believes private water should remain private. He also gave the committee information about rerouting utilities because of high water.

Mr. Greg Pesall, Lily, SD, expressed concerns about private property rights and trespass issues on flooded private land. He told the committee of problems with garbage left on his property by hunters and fisherman and the indifference of Game, Fish and Parks Department officials.

Mr. Joe Matthews, Lily, SD, testified about landowner rights and the need to determine if water is public or private for access purposes. He also discussed the issue of compensation for flooded private land.

Ms. Sarah Giese, Glenham, SD, informed the committee about her concern for the safety of her children and her when individuals hunt from bodies of water close to her home.

Mr. Ron Larsen, Lake Preston, SD, expressed concerns with the Department of Game, Fish, and Parks regarding fish management and land management. He told the committee that everyone needs to work together in order to solve the problems and that he believes that posting land is one of the answers.

Mr. Glen Gebur, Lily, SD, discussed repair and cost issues for township roads. He is concerned about the damage to township roads when boats are launched from flooded township roads. He also talked about the right to control access to private property,

Mr. Maynard Whitmyre, Webster, SD, discussed tax issues on flooded private land.

Mr. Dave Sigdestad, Bristol, SD, was concerned about legislative control over the Department of Game, Fish, and Parks.

Mr. Andy Breske, Webster, SD, informed the committee of his ideas of landowner compensation for flooded private land. He believed a program similar to public walk-in areas could be developed for flooded private land.

Mr. Kenneth Anderson, Webster, SD, told the committee about goose depredation on his land. He believes there should be an increase in the number of non-resident goose licenses and recommended that the number of licenses be increased for a two-year trial period.

Mr. Jamie Reetz, Webster, SD, told the committee about his desire to control public access to his flooded land. He believes one solution may be to give the private landowner the ability to control access to inundated private land through posting. Mr. Reetz distributed copies of a letter he received from the United States Department of Agriculture concerning his application to enroll in the Emergency Watershed Program Floodplain Easement (Document #2).

Mr. Trent Nilson, Waubay, SD, expressed concerns with goose depredation and trespassing on flooded private land.

The committee recessed at 11:50 a.m. and reconvened at 1:15 p.m.

Mr. Leonard Naessig, Webster, SD, told the committee that landowners should be able to control access to flooded private land. He also informed the committee about safety issues with sportsmen parking on county roads.

Mr. Larry Baumgarn, Wallace, SD, testified on issues related to landowner rights, state park rules, and land posting.

Ms. Donna Allen, Lake City, SD, told the committee of problems she has had with individuals cutting their fences in order to gain access to private land. She believes landowners should control access to inundated private land.

Ms. Joy Hagen, Webster, SD, supported an increase in the number of non-resident waterfowl licenses.

Mr. Pete Waletich, Langford, SD, supported a compensation program for inundated private land.

Ms. Gail Brock, Huron, SD, testified on road safety issues that relate to inundated private land.

Mr. Randy Knutson, Webster, SD, testified on landowner property rights issues and told the committee that the surface of water that covers private land should be treated the same as the surface of dry land. He also gave information on the state program to buy out inundated land.

Mr. Bob Whitmyre, Webster, SD, told the committee that controlling access to land should not be decided by whether a person's land is wet or dry and that the unprecedented high water levels suggest the traditional statutes should be reevaluated.

Mr. Brian Schone, Tulare, SD, testified on private property rights. He also gave the committee information on rail lines and highways that were flooded because of improper land management.

Mr. Garland Erbele, Department of Environment and Natural Resources, Pierre, SD, requested that the committee remember two things when looking for solutions: (a) make sure the solution will work statewide; and (b) keep in mind current water rights law. Mr. Erbele reviewed water law history for the committee. Senator Paul Symens requested laws and court cases pertaining to South Dakota water law from Mr. Erbele.

Mr. Gale Selken, Department of Environment and Natural Resources, Pierre, SD, reviewed how ordinary high water marks are established in South Dakota. Senator Symens requested information on the history of Lake Poinsett's ordinary high water mark and outlet elevation. Mr. Selken also gave the committee testimony on water right permits and meandered lakes.

Mr. Doug Hanson, Department of Game, Fish, and Parks, Pierre, SD, answered committee questions on weed control for GF&P land, non-resident waterfowl licenses, depredation, and the wildlife fund. He declined to answer certain questions about public access because of a pending lawsuit.

Committee members requested that staff draft legislation for the next meeting on the following issues:

1. Prohibit the discharge of firearms on water within 660 feet of any building;
2. Prohibit hunting and fishing within 660 feet of buildings without permission;
3. Prohibit boat launching from public roads;
4. Permit landowners to fence waterways to contain livestock;
5. Allow landowner to control access to inundated private land;
6. Strengthen landowner liability provisions;
7. Authorize private fisheries;
8. Establish and fund landowner compensation program for inundated private land; and
9. Require state to classify certain public and private waters.

It was the consensus of the committee that Chair Wetz, in consultation with staff, select a meeting date in mid-to-late October, for the committee's final meeting.

REPRESENTATIVE DIEDTRICH MOVED, SECONDED BY REPRESENTATIVE FRYSLIE, THAT THE COMMITTEE BE ADJOURNED. The motion prevailed unanimously on a voice vote.

The committee adjourned at 4:55 p.m.

These minutes and all LRC interim committee minutes are available at the South Dakota Legislature's Homepage (http://legis.state.sd.us