South Dakota Code § 43-17-40

Responsibility for construction and maintenance of gate or opening
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The responsibility for construction and maintenance of any gate or opening required pursuant to §§
43-17-35
and
43-17-36
in a fence across a stream that is navigable pursuant to §
43-17-34
shall be shared equally among those persons who caused the fence to be constructed. Any liability arising from the construction of a fence across a stream that is navigable pursuant to §
43-17-34
shall be borne by those persons who caused the fence to be constructed.

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