Oklahoma Water Access - Question

[retrieverman]

That’s not true. You own the water that’s in a private pond that is solely on your property. If it’s a big enough pond/lake fracing companies will pay you good money for that water when they are fracing wells in that area. A navigable waterway that runs through your property is a different story.

https://www.owrb.ok.gov/supply/ocwp/pdf_ocwp/WaterPlanUpdate/joint_committee/WATER%20LAW_MANAGEMENT%20IN%20OKLAHOMA.pdf

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In reading back through this thread, it’s got me wondering what the actual law is when a “navigable“ waterway dries up. The Salt Fork is dry right now, and I’m seeing evidence of people riding UTV’s up and down the river bed through my place. My interpretation of this is that they’re trespassing, but I’m taking the approach that as long as they stay in the river bed I’m not going to make an issue of it. If I get them on a game camera, there will be a problem.

 

[PanhandleGlocker]

In reading back through this thread, it’s got me wondering what the actual law is when a “navigable“ waterway dries up. The Salt Fork is dry right now, and I’m seeing evidence of people riding UTV’s up and down the river bed through my place. My interpretation of this is that they’re trespassing, but I’m taking the approach that as long as they stay in the river bed I’m not going to make an issue of it. If I get them on a game camera, there will be a problem.

I thought “no one owns the water”

But you own the land.

 

[Perplexed]

I thought “no one owns the water”

But you own the land.

This is correct. As long as the water is navigable, they can go up and down the river. As soon as they touch bottom, they’re potentially trespassing.

 

[yukonjack]

I thought “no one owns the water”

But you own the land.

It all depends upon where the water is. Water that is contained within a private pond or lake is owned by the landowner(s). Water that flows through a navigable waterway is owned by the public.

 

[OkieJoe72]

I’m definitely not a lawyer, but the term “navigable” has defined criteria in regards to legality. Several years ago, I ran into this problem while fishing a creek in a canoe. Essentially, I was told that a creek is not considered a navigable waterway. Here’s how our federal government defines a navigable waterway.

Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

 

[Tinytim]

That law mainly pertains to lakes and streams not man made ponds so much but i would check a law expert first or have a nice polite conversation with the other land owner.

That’s what I’ve always believed, it must be a waterway (moving water) in order to go anywhere but not touch his soul.

 

[Tinytim]

Soil