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A high water mark is not necessarily an actual physical mark, [4] but it is possible for water rising to a high point to leave a lasting physical impression such as floodwater staining. A landscape marking left by the high water mark of ordinary tidal action may be called a strandline and is typically composed of debris left by high tide.
A formal definition may read as follows: A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources, and which allows limited filling between this bulkhead line and the original ordinary high water mark, except where such filling is prohibited by the ...
Mean high water (MHW) is the average of all the daily tidal high water levels observed over a period of several years. It is not the same as the normal tidal limit. In the United States this period spans 19 years and is referred to as the National Tidal Datum Epoch. [7]
Camping on the Jefferson River below the high-water mark – an example of public stream access rights Public access from a bridge right-of-way. The core law creating the Montana Stream Access law began with Article IX, section 3 of the 1972 Montana Constitution, which addressed state ownership of Montana waters.
In the case of navigable waters, title goes to the average low water mark. The Pennsylvania Supreme Court defined it as the "ordinary low water mark, unaffected by drought; that is, the height of the water at ordinary stages." [10] Land below the low water mark on navigable rivers belongs to the state government in the case of the 13 original ...
One kind of high water mark is the ordinary high water mark or average high water mark, which is the high water mark that can be expected to be produced by a body of water in non-flood conditions. The ordinary high water mark may have legal significance, often being used to demarcate property boundaries. [5]
With the bridge finished in 1916, by the 1920s the toll road was reconstructed above the ordinary high water mark so it could be used year-round. [14] The road was briefly used for the route of the Midland Trail across eastern Utah. However, by 1923 the trail had been moved to a more direct routing, similar to modern I-70.
It is argued, however, that the special water-rights value should be awarded the owners of this land since it lies not in the bed of the river nor below high water but above and beyond the ordinary high-water mark. An effort is made by this argument to establish that this private land is not burdened with the Government's servitude.