How are rights to navigable waters generally defined by state law?

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The rights to navigable waters as defined by state law typically grant landowners rights only to the riverbank or the high water mark. This means that the property owner’s rights extend to the edge of the body of water but not beyond it, thereby recognizing the public's right to use the navigable waters.

This legal framework is rooted in the principle of public trust, which asserts that navigable waters are preserved for public use and enjoyment. As such, while property owners have rights to access the water and use the land up to the water's edge, they do not have exclusive rights to the water itself or to any land under the water beyond the defined area, which is often the high water mark or riverbank. This ensures that navigable waters remain available for public activities such as fishing, boating, and swimming, and balances private property interests with the public's right to access these vital resources.

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