(1) The public may use a public water for recreational activity if:
(a) the public water:
(i) is a navigable water; or
(ii) is on public property; and
(b) the recreational activity is not otherwise prohibited by law.
(2) A person may access and use a public water on private property for any lawful purpose with the private property owner's permission.
(3) A person may not access or use a public water on private property for recreational purposes if the private property is property to which access is restricted, unless public recreational access is established under Section 73-29-203.