Private Property vs. Public Access: Socio-Engineering Framework for Managing Non-Meandering Waters in South Dakota’s Prairie Pothole Region

This study addresses the growing importance of balancing private ownership and public interest of Non-Meandering Waters (NMWs) overlaying private property in the South Dakota Prairie Pothole Region (PPR) through both a legal and socio-engineering lens. This study aims to develop an integrated management framework for Non-Meandering Waters in the South Dakota Prairie Pothole Region that combines water allocation principles, the Public Trust Doctrine, and water quality objectives to guide policy decisions, ensuring equitable access, long-term sustainability, and a balanced approach to both public and private interests. Data collection from October 2024 through February 2025 and included a literature review of peer reviewed articles/journals, news reports, legislative hearings, and codified laws. Findings determined that more pragmatic legal verbiage could mitigate disputes between landowners and recreationalists, while wetland water quality impairments could be addressed through increased monitoring supported through both a proposed permit-based program and the reclassifications of beneficial uses. The determined resolutions call for reassessment of existing state water laws, proposing that legislative reforms are needed to better balance private property rights with the collective public interest while subsequently prioritizing water quality and fair access. Ultimately, this paper raises critical questions about the limits of government regulations and when such actions may constitute a “taking” of private property for public use without just compensation. It also explores what the rankings of beneficial water use should be and whether it is possible to preserve existing private property rights while recognizing water as a shared public good - issues that warrant further exploration in future studies.