A retired couple has bought a retirement home with a pier on a large lake. Where does their water rights extend to?
The correct answer and explanation is:
Correct Answer:
The retired couple’s water rights generally extend only to the ordinary high water mark (or the shoreline) of the lake, but do not extend to the pier or beyond into the lake itself. The pier is typically considered a structure that extends over public or state-owned waters, and the water beyond the shoreline is usually held in public trust by the state.
Explanation:
When a person buys waterfront property, like a retirement home on a large lake, their ownership usually includes the land up to the ordinary high water mark (OHWM). This is the line on the shore established by the fluctuations of the water level under normal conditions. The property boundary typically ends there, meaning the homeowner owns the lakebed beneath their land only up to that point.
Water Rights vs. Land Ownership
Water rights and land ownership are distinct legal concepts. The homeowner has riparian rights—rights tied to owning land adjacent to water. These rights generally allow reasonable use of the water for activities like swimming, boating, or fishing, but do not grant ownership of the water itself or unrestricted control over the waterbody.
The Pier and Public Trust Doctrine
Structures such as piers or docks extending into the lake are often subject to regulation because the lake water and submerged lands beyond the OHWM are typically held by the state in public trust. This means the state manages these waters for public use and conservation.
The retired couple’s right to build or maintain a pier depends on state or local laws, which often require permits. The pier does not give them ownership rights over the water or lakebed beneath it but simply permission to use that part of the lake under regulated conditions.
Summary:
- The couple’s property extends to the ordinary high water mark.
- They have riparian rights for reasonable water use.
- The pier extends over public water and land, governed by public trust and permits.
- They do not own the water or lakebed beyond their shoreline property line.
Understanding these distinctions protects public access to waterways while allowing waterfront owners reasonable use and enjoyment of their property.