Water Law

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Water Law
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Water as boundary

• Navigable water as boundary
• Non-navigable water as boundary
• Enclosed water at a boundary

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Navigable water as a boundary

• Navigable is defined as capable of having one
  person in one boat travel on the water both
  along the length of the water and to and from the
  breadth of the water.
• Navigable water as boundary occurs when the water
  serves as a boundary between different property
  owners on opposing sides of the water.

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Navigable water as a boundary
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The water is navigable through the length and
across the breadth.
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The water is navigable through the length and
across the breadth.
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Each of the title holders of the properties owns
to the low water mark.
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Neither title holder owns the water, though both
may reasonable use the water as long as the water
is not depleted nor diverted.
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Neither title holder owns the riverbed. Neither
of the title owners may impede the free flow of
travel on any portion of the water.
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Non-navigable Water as boundary

• Neither title holder owns the water nor may
  either divert or deplete the water.
• Both may make reasonable use of the water
• Each of the title holders own all of the land
  including the riverbed to the center of the
  water.

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Non-navigable water as boundary
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Neither title holder owns the water nor may the
water be depleted or diverted.
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Both title holders may make reasonable use of the
water.
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Each title holder owns the land to the center of
the riverbed at all points along the water.
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If the title holder to the land on BOTH sides of
the water is one person or entity, then that
title holder owns ALL of the riverbed.
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Enclosed Water

• Enclosed water occurs where the water is
  completely self-contained on the land of a single
  title holder. This means there are no creeks or
  rivers running to and from.
• In this instance, the title holder owns the water
  and the land underneath the water.

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Enclosed water
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Ariel map of ___________ water.
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Who owns the water here?
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Who owns the riverbed?
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Navigable or nonnavigable?
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What classification of water?
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Who owns the riverbed?
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Where are the property boundaries?
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What if the water source is an underground spring?
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The Mighty Mississippi