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• A 2004 state Supreme Court ruling left questions about water usage up for the Legislature to answer, Brown said. The court ruled that property titles apply to the land and the water belongs in the public trust. Brown said the Legislature has yet to decide how the public can use that water -- for fishing and other sports, drinking or irrigation.
• "The position that everyone is in today is a horrible spot of limbo," Brown said.
• Sanderson agreed, saying the rules aren't clear.
• "Most of the rules as they're operating is that everything is open," Sanderson said.
• Paul Jensen, a Dell Rapids sportsman and a property owner, said he understands the appeal of the bill as a waterfowl hunter. But, he said, "As a citizen of South Dakota I can't believe we're considering a bill taking away the rights of landowners."
• Committee chairman, Larry Rhoden, R-Union Center, voted against the provision, saying that just because water is in the public trust does not guarantee public access to it.
• "If we want to resolve this, I think the land owner should be compensated," Rhoden said.
• The bill goes next to the South Dakota Senate for debate.
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SD legislative panel passes statewide texting ban
CHET BROKAW, Associated Press
• PIERRE, S.D. (AP) -- A South Dakota legislative panel that killed a proposed statewide ban on texting while driving a year ago voted unanimously Monday to support a similar measure.
• The House Judiciary Committee last year rejected a texting ban after lawmakers said studies showed no reduction in traffic accidents in the 41 other states that have such bans. Committee members this year said they are willing to try a statewide ban that would replace widely varying local bans imposed by seven communities.
• The measure's main sponsor, House Speaker Brian Gosch, said rules for texting while driving should be the same everywhere in the state.
• "So you don't have to question what the penalties are, what the rules are and what you can and can't do," the Rapid City Republican said.
• He initially proposed a bill that sought only to prevent local governments from passing their own distracted driving ordinances, including texting bans -- something he said existing law already prevents them from doing. But at a committee hearing (Continued on page 27)
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