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         9.)  For your state, are the legal principles different for   Note  that  these  questions/situations  are  focused  on
              a river as compared to a lake? If so, define or distin-  inland, nontidal rivers and lakes. Just as many questions
              guish the difference between a river and a lake.  could be posed for tidal boundaries.
         10.)  The  GLO  meander  line  is  practically  never  the  up-
              land owner’s boundary. As the successor to the pat-  The Challenge
              entee, the patent being a lot made fractional by a   Each state needs its own manual that addresses its ripar-
              waterbody, the waterbody is the boundary, not the  ian and littoral boundary location principles. Coastal states
              meander line. Can there be an exception, the mean-  should include its tidal boundaries. To accomplish this, all
              der line being the boundary?                     riparian/littoral decisions related to boundaries need to be
         11.)  Suppose in the deed of a riparian tract, its acreage is  discovered, indexed by topic, read, abstracted, then sum-
              given. A current survey shows that the acreage men-  marized. With these summaries and aided by learned ar-
              tioned does not include the accretions to the tract  ticles on the subjects, publications and statutes, the legal
              that have been added since the deed was written  principles can be stated. The product will be a book on
              (but has been used in subsequent conveyances for  riparian/littoral boundaries specific to the jurisdiction. This
              many years). Are the accretions conveyed by the lat-  has been done for only one state, Arkansas. See “Ripari-
              er deeds?                                        an Boundaries for Arkansas” by the author of this article.
         12.)  Does your jurisdiction embrace or reject re-emer-  Pages: 288. Tables: 30. Figures: 12. Within that book, the
              gence? That is, suppose that by erosion an advancing  answers for each question given above can be found.
              river completely erodes and washes away a parcel.
                                                                 To start your state’s manual, for the questions/circum-
              The river then retreats, accretions forming where the
                                                               stances in the examples given above, do the case law and
              parcel formerly was located. Who gets title to the “re-
                                                               statute law research necessary to state the legal principle
              emerged” parcel? Does the original owner’s title “re-
                                                               or provide guidance on the matter, specific for your juris-
              emerge,” or, does it accrete and inure to the benefit of
                                                               diction. Cite the applicable decisions and summarize them.
              the owner of the last mainland the river touched (who
                                                               Once this is accomplished for each state and the federal
              could have been previously non-riparian)?
                                                               lands, someone with high professional knowledge of and
         13.)  On a stream that is non-navigable for title (the up-
                                                               experience with riparian/littoral boundaries and who is an
              land owner(s) holding title to the bed) does the pub-
                                                               excellent writer with lots of energy and unlimited time and
              lic have the right to float-fish or canoe through the
                                                               resources can edit the resulting tome about inland, nontid-
              property? Camp on its banks?
                                                               al riparian and littoral boundaries and coastal tidal bound-
         14.)  Suppose artificial improvements to the banks or in
                                                               aries. It would be a herculean task. That’s why no one has
              the channel of a river create changes downstream by
                                                               done this to date.
              erosion and accretion. Do the usual legal principles
              of riparian boundaries still apply?                This “challenge” is made somewhat in jest, but posing
         15.)  When does the apportionment of an accretion stop,  the questions/situations is not. They illustrate how com-
              the  apportionment  becoming  fixed?  That  is,  as  an  plex  riparian  boundaries  can  be,  and  how  statespecific
              accretion grows and changes shape its apportioned  they can be.n
              lines move as well.  When do those lines become
              fixed?
         16.)  Is there a difference between navigability for title and
              regulatory navigability? Is there a nexus between the
              two?  Who decides if a river is navigable for title?
              Who decides regulatory navigability?
         17.)  Is, or can there be a difference between federal nav-
              igability and state navigability? Can a river be navi-
              gable for title under the state test, but non-navigable
              under the federal test? Can the state test and federal
              test be different?
         18.)  Is the river adjoining the tract you are surveying nav-
              igable or non-navigable for title? How do you know?
              Will it make a difference in the survey? Yes! For your
              state, who determines if a river is navigable for title?
              [By the way, is there a difference between navigabil-
              ity for title and regulatory navigability? The answer is
              yes. I know of no state where they are identical. But,
              in riparian boundaries, statements such as this are
              dangerous. It seems there is always an exception.]


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