How do state constitutions affect navigability?
Several states, including California and Montana have state constitutions that hold the river and streams in the public trust, meaning that the state owns all waters and waterways. Non-navigable rivers in which the streambed is privately owned Non-navigable rivers where states authorized private ownership of the streambeds have created muddy legal waters regarding the public trust and the public’s recreation rights. However, under the public trust doctrine, private ownership of land does not extinguish the public trust in associated natural resources. The public trust applies to all natural resources, wherever located.39) Former American Whitewater board member Pope Barrow explained that “This is a critical issue for whitewater boaters seeking smaller creeks since many of these may not be navigable under the federal navigability test, and under the original land grant the government may not have retained streambed title. Yet these are often streams which offer outstanding recreational
