<P> In determining the contours of riparian rights , there is a clear distinction between navigable ( public ) waters and non-navigable waters . The land below navigable waters is the property of state , and subject to all the public land laws and in most states public trust rights . Navigable waters are treated as public highways with any exclusive riparian right ending at the ordinary high water mark . Like a road , any riparian right is subordinate to the public 's right to travel on the river , but any public right is subject to nuisance laws and the police power of the state . It is not an individual right or liberty interest . Because a finding of navigability establishes state versus federal property , navigability for purposes of riverbed title is a federal question determined under federal law ; the states retain residual power to define navigability for the purposes of defining the public trust over water within their borders . A non-navigable stream is synonymous with private property , or jointly - owned property if it serves as a boundary . </P>
<P> In determining the contours of riparian rights , there is a clear distinction between navigable ( public ) waters and non-navigable waters . The land below navigable waters is the property of state , and subject to all the public land laws and in most states public trust rights . Navigable waters are treated as public highways with any exclusive riparian right ending at the ordinary high water mark . Like a road , any riparian right is subordinate to the public 's right to travel on the river , but any public right is subject to nuisance laws and the police power of the state . It is not an individual right or liberty interest . Because a finding of navigability establishes state versus federal property , navigability for purposes of riverbed title is a federal question determined under federal law ; the states retain residual power to define navigability for the purposes of defining the public trust over water within their borders . A non-navigable stream is synonymous with private property , or jointly - owned property if it serves as a boundary . </P>
who owns the land under this navigable river
who owns the land under this navigable river
state
state