Water rights

[mcmdvm]

What is the name of your state? Mississippi

I own a section of land that also includes the levee and overflow spillway to a private lake, and my property line extends approximately 40-50 yards into the lake. This lake is approximately 30 acres. There is no physical boundary (fence) across the breadth of the lake, side to side; only a couple of old fenceposts in the water on the east and west sides. There has never been a fence there to my knowledge. I have two questions. First, do Riparian water rights (as I understand them) apply in this sort of situation; i.e., because I have land bordering the lake and also a small portion of water, does this give me access (fishing) to the entire lake by boat if I put in on my part of the lake? Second, because I own and control the spillway and levee, does this give me the right to control the water level of the lake as I wish? I should add, the lake is actually fed and brought about by a creek. If the lake is drained, there is a creek running through the middle of a dry lakebed.

This has never been an issue for over 30 years and now the adjoining land is under new ownership, and is saying my family and I are restricted to fishing to only the few yards of water on our side of these fence posts. I would greatly appreciate any advice and if possible, references to cases that would apply in this situation.

 

[divgradcurl]

Riparian rights are typically a pretty arcane section of the law, it's probably unlikely that you will find someone who reads this board who has specific knowledge of riparian rights in your state -- plus their may be local (city or county ordinances that further impact what rights you might have. You really should talk with an attorney who does know your local riparian laws, or head to a local library where they have copies of the code, to get the most accurate answer.

The general answer to your question -- and I do mean general -- is that an upstream owner does not have the right to cut off the downstream owner's riparian rights. But this sort of thing gets complicated in a hurry, so you should really discuss this with an attorney, who can review all of the facts (your deeds, etc.) in light of state and local water laws, and advise you accordingly.

 

[justalayman]

another point that may be applicable is the water level in the lake may be determined by law or some overseeing government authority.

If so, any alteration to the level would have to be approved by them.

 

[seniorjudge]

Mississippi has an odd mixture of riparian rights and also prior appropriation rights.

It's the only state (to my knowledge) that has this type of water law.

So, to answer your question: You need a water rights law attorney in your state to look at this situation. It is quite complex.