CALIFORNIA RIPARIAN BOUNDARY PROBLEMS

RIPARIAN BOUNDARY PROBLEMS IN CALIFORNIA ARE DISCUSSED. LOCATING SUCH A BOUNDARY REQUIRES SOME KNOWLEDGE OF OCEAN- OGRAPHY, HYDROLOGY, GEOMORPHOLOGY, METEOROLOGY, HISTORY, LAW, AND PRECISE TECHNICAL SURVEYING ABILITY. SHORELINE BOUNDARIES ARE DISCUSSED FROM THE VIEWPOINT OF THE STATE, BEING THE OWNER OF THE WET LAND, AS AN ADJOINER TO THOSE PERSONS HAVING RIPARIAN UPLAND PROPERTIES. HOWEVER, THERE ARE SITUATIONS WHERE CERTAIN TYPES OF WATER LANDS ARE NOT OWNED BY THE STATE. THESE INCLUDE NON-NAVIGABLE WATERWAYS AND LAKES WHICH ARE, IN ADDITION, NON-TIDAL. THE FOLLOWING TYPES OF WATER LANDS ARE OWNED BY THE STATE : (1) THE OFFSHORE SUBMERGED LANDS, (2) THE COASTAL TIDELANDS, BEING THE STRIP OF LAND ALONG THE COAST LYING BETWEEN THE LAST NATURAL MEAN HIGH-WATER LINE OF THE UPLAND AND THE OFFSHORE SUBMERGED LANDS, (3) THE SWAMP AND OVER-FLOWED LANDS WHICH WERE GRANTED BY THE UNITED STATES TO THE STATE BY THE ARKANSAS ACT, AND (4) THE INLAND OR INTERIOR WATERS, WHICH CONSIST OF TIDELANDS AND SUBMERGED TITLE WATERWAYS, INCLUDING RIVERS, BAYS, ETC. SURVEYORS MUST PROCEED WITH CAUTION WHEN CALLED UPON TO LOCATE A RIPARIAN BOUNDARY. AS LONG AS A SURVEYOR POINTS OUT THE TRUE SITUATION HE IS FREE FROM RECOURSE. THE STATE LANDS COMMISSION HAS THE AUTHORITY TO ESTABLISH THE ORDINARY HIGH-WATER MARK OR THE ORDINARY LOW-WATER MARK BY AGREEMENT, ARBITRATION, OR ACTION TO QUIET TITLE WHENEVER IT IS DEEMED EXPEDIENT OR NECESSARY.

  • Supplemental Notes:
    • Vol 29, No 1, PP 41-48, 5 FIG
  • Authors:
    • Uzes, F D
  • Publication Date: 1969-3

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Filing Info

  • Accession Number: 00202766
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 4 1994 12:00AM