Who determines if a waterway is navigable?
After analyzing the information collected on the historical uses and condition of a waterway, Department staff will decide if the requirements of the federal test for title navigability are met, and make a recommendation to the Land Board as to whether the waterway is navigable. The Land Board will then examine the evidence, hold public hearings, review public testimony and other input, and decide if there is sufficient justification to assert a claim of public ownership to the bed and banks of the waterway. Again, the procedure/process for making a claim is described in state law and the Land Board’s rules.
