surveying how to aaportion navigable river changed course

Can a river change the course of land?

In addition to cutting downward into the earth, rivers have a tendency to change course over time. Yet, despite this, rivers often constitute the boundaries of adjacent land when divided for sale — I have personally read countless legal descriptions that contain the language “following the course of said river.”

What are the rights of the public in navigable waters?

Because sovereign submerged lands are held in trust for the benefit of the public, members of the public have rights to navigate, fish, and boat in navigable waters. Id.

What are navigable waters in the United States?

Navigable waters of the United States include tidal waters that have been, or may be, used to transport interstate or foreign commerce. 33 C.F.R. 329.4 (2017). Navigable waters typically include streams, rivers, gulfs, and bays.

What happens when the shoreline curves or bends?

However, when the shoreline curves or bends, riparian lines should be determined so that each upland landowner has a fair share of the land and convenient access to the water from his land, and in an manner that does not block any landowner’s access to navigable water.

What is the gaining of land from the water?

This is the gaining of land from the water. It is an increase of the land by the permanent withdrawal of the sea or river. It is a slow and imperceptible recession, and the recession must be permanent.

What is the boundary between two parcels of land called?

The most common case involving non-sovereign water boundaries is that involving a stream as the boundary between two parcels of land. In such cases where the deeds of the premises call, “to the stream”, the center of the main stream would be the boundary. This is called the thread of the stream. When there are multiple channels, then the main channel would form the boundary. This is called the thalweg. It is the deepest part of the channel. This type of boundary would shift if the thread of the stream shifts with time, unless such a shift is due to avulsion.

Groundwater

In April 2020, the U.S. Supreme Court issued a landmark ruling - County of Maui v. Hawaii Wildlife Fund— in which it determined that the Clean Water Act (CWA) applies to discharges of pollutants traveling through groundwater on their way to the ocean.

Navigable Waters

At the same time, the interpretation of what are "navigable waters"—those into which discharge of pollutants is regulated pursuant to the CWA— is perhaps more fluid than ever. The CWA defines “navigable waters” as “waters of the United States, including the territorial seas;” however, the statute does not further define WOTUS.

What's Next?

In June, EPA announced it is undertaking a rulemaking to again revise the definition of WOTUS. Since its announcement, EPA opened a docket soliciting comments.

What is a navigable waterway?

Navigable waters typically include streams, rivers, gulfs, and bays. Some jurisdictions consider a waterway “ navigable ” if it is used, or susceptible of being used, for other public purposes such as swimming, canoeing, boating, tourism, and similar recreational uses ( https://www.alta.org/media/pdf/CH09.pdf)

Why are riparian rights apportioned?

All riparian owners have the right to access navigable waters, so riparian rights are to be apportioned in a manner that fairly allocates access to the water among all upland landowners. Because apportionment of riparian rights must be equitable, locating riparian lines is subjective in nature.

What are riparian rights?

Owners of waterfront property have “ riparian rights ” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property. Docking rights often are an area of dispute, not only for waterfront property owners seeking dock permits from the government, but also between neighbors who may disagree ...

Can you get an injunction against a dock?

To the extent that another land owner takes action to block construction of docks providing access to navigable water from your property, or otherwise infringes you’re your riparian rights, you may seek an injunction against or seek declaratory relief from the court establishing riparian lines in a fair and equitable manner.

Can docks impede navigation?

Docks may not impede navigation, and generally are not permitted to extend beyond the line of navigation, which is the point at which the water depth is sufficient for navigation. Subject to the riparian rights of the public and other applicable regulations, upland property owners have a privilege to construct docks and “wharf out” ...

Do riparian rights give upland owners rights?

Although these riparian rights inure to the benefit of the owner of the adjoining upland property, these rights do not give the up land owner any ownership rights to the submerged lands , or any right to exclude the public from the navigable waters.