If a stream is navigable, who owns it?

When a stream is classified as navigable, it means that the water is capable of being used for commerce or navigation, either in its natural state or through human modification. In these cases, the property rights associated with navigable waterways differ from those of non-navigable streams. The ownership of navigable streams typically belongs to the state government.

This principle is grounded in the public trust doctrine, which holds that navigable waters are preserved for public use and are managed by the state on behalf of its citizens. Therefore, the state has the right to regulate their use for navigation, fishing, and recreation, while also ensuring that they remain accessible to the public.

In contrast, private landowners usually own the land adjacent to non-navigable streams. Local and federal governments may have roles in regulation, but ultimately, it is the state government that holds ownership and responsibility over navigable waters. Understanding the distinction between navigable and non-navigable waters is essential in determining ownership and rights associated with these bodies of water.