The ownership of land below ordinary high - water mark, and of land below the water of a navigable lake or stream, is regulated by the laws of the United States or by such laws of the state as the Legislature may enact. Source: CivC 1877, § 169; CL 1887, § 2685; RCivC 1903, § 192; RC 1919, § 262; SDC 1939, § 51.0206.