Can a person float over the surface of water where the underlying lake or streambed is privately-owned?
Yes. According to Oregon court cases the waterway may be used by the public for certain purposes if it meets the state test of navigable-for-public-use. Under this public use doctrine, the public may use the waterway if it has the capacity, in terms of length, width and depth, to enable boaters to make successful progress through its waters. Under this doctrine, the public has the right to use waterways for navigation, commerce or recreation, even where the bed is privately-owned, and to make “reasonable, incidental use of the bed and banks.” The courts have not yet fully defined what such “reasonable, incidental use” entails in the context of modern recreational use but the courts have determined that recreational use includes the use of small boats for pleasure and fishing, as well as swimming. The public may use adjacent land only so long as the use is necessary to the lawful use of waterway. However, it is clear that river users have no right to trespass on privately-owned uplands-
Related Questions
- Why is it two drops in treatment bottles and in a glass of water -- surely the person taking the glass of water will get more remedy?
- Can a person float over the surface of water where the underlying lake or streambed is privately-owned?
- What causes dehydration in a person if they drink 6 glasses of water a day?
