Rivers and streams, Laws concerning streams Options

[amethystguy]

I posted this question on another site and got some good responses but you have a special section on here so I assume I will get a good answer to my question. Waht are the laws concerning property rights with rivers and particularly streams. I found info on a corundum deposit near a stream. I wanted to go and prospect the stream but there was private property on both sides leaving the road upstream. I have been told that if you step foot on either bank that is the owners property and I also heard that the PP runs to the center of the stream but not the actual water so if you hypothetically floated down stream you would not be on PP. I have no problem asking permission from property owners but I wanted a clear picture of the rights. I am here in Georgia. Do the rights apply the same in most of the country or differ from state to state? Thanks

[CP]

Hi amethystguy,

Good question to pose. Hope my response is useful as well as this section of the forum you found.

I'm not a lawyer, but as I understand it, The US Corps of Engineers regulates the water and delegates overseeing/enforcement to the states....just the water.
As for the property ownership/rights under that water.......that's a whole different story. Yes the center of creek can be used as property boundry but not always, could be "center of creek bed" or may not use creek but cover it completely with large tracts. Who ever owns that property or has valid claim to ground under water in the creek, river, under roads or powerlines etc owns that ground and minerals within.
Having the owners permission is a definate thing to obtain for prospecting in those cases
.
National lands as well for waterways......US Corps of Engineers for the water authority but does not make ground under water open......there can be and often are claims for placer aluvial deposits in these type areas.

From one state to another there could be several small differences such as fencing off across creeks.........see alot of it in Colorado but not allowed in other states. Still though, the basic above should be consistent I think.

State forest also may differ since they are owned by that state and not national lands concerning mineral prospecting. States can implement their own regs/rules for those.

I could be wrong though...... sometimes it's very confusing!

CP

[amethystguy]

Thanks CO PROS. It can be very confusing. I don't want to step on anyones toes and I also don't want to trespass. We don't have very much public land here in the South-east so it's a touchy subject. Thanks for the info.

[gregl]

i used to live in minnesota before i moved to colorado,and one thing i noticed is that water laws are alot differnt in every state.in minn if you are on or in a river"having water around your boots"you are on public property.out here in colorado the property line includes stream beds.you are allowed to float the river but not allowed to stand in the river.i would talk to your local dnr or dow they should be able to give you a solid answer.just my 2 cents

[russau]

yep these rules change from state to state. what i like todo is talk to every land owner where i want to work and seek their permission to be there. i tell them exactly what i want todo and what im after,and i invite them to be there with me.you need to get something in writing to protect yourself and the landowner and to get a understanding on who gets what! i do this "permission" thing even if i dont need to have "their" permission. id rather have them with me as opposed to them on the stream bank with a gun and the law saying "get out or ill shoot"....some laws say they own the ground under the water,some states say they own it all, and some states say there is a right of way on each shore that parralles the stream/river. so its best to check your state for exactly what the law says for you! i heard in Georgia its the middel of the stream for ownership.but id check to make sure!

[amethystguy]

Thanks for the help guys! I was told that when it comes to rules and regulations that the folks on here were well informed. I think I will wait till spring to do any more creek walking and prospecting. burrrrrrrr hanks again