What determines who has rights to a creek?

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iceaxe

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If creek runs through several properties, what determines what rights people have? For example, a person could raise cattle that polute water downstream? One realtor mentioned that someone else had higher priority on water.
 
If creek runs through several properties, what determines what rights people have? For example, a person could raise cattle that polute water downstream? One realtor mentioned that someone else had higher priority on water.
Fish don't use latrines.
Bears eat the fish.
The Spotted Owl - well, just about rides herd on everything else; including water rights.
Talk to the Spotted Owl.

Like, didn't we suggest you consult with lawyers in a previous thread????

How many threads?

More than a few.
 
Who owns property near, up to, or in a creek can be determined by city, county, state, and federal laws...

And property deeds and restrictions. You can own the property, but not have water rights or mineral rights. Or have limited water rights. A previous owner may have sold water and mineral rights and that could now be owned by someone else.

A city, mill, or water department may have purchased water rights many years ago and still hold them.

In some states you may not be able to own property up to a river. Might be state or federal owned. Or if you own property on one side of a river in another state, you may own half of the river.

As to what you can do with a creek or river, there are all sorts of environmental laws and water rights laws. Some states may strictly regulate what is planted within 25 feet on either side of a river's high water marks.

One guy I heard of wanted to place a culvert bridge over a creek running through his property. The state told him he needed electric lights on the ceiling of the culvert for the fish!

So check all of your property deeds going way back. Usually done at county recorders office.

Research city, county, state laws or ask at a local building inspectors office or "planning department" what you can and can't do with a creek in your area.
 
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