SB 46

Under current law, a person who owns land that abuts a navigable waterway

(commonly known as a riparian owner) is afforded certain rights. In general, these

rights include reasonable use of the waterway and the right to place structures such

as piers in the waterway. These rights may be limited by statute and may be subject

to the riparian owner acquiring necessary permits. Courts have also held that these

rights may be subservient to private property rights, where one person owns land

adjacent to a navigable waterway, the bed of which is owned by another person.

This bill creates a presumption that an owner of land that abuts a navigable

waterway is a riparian owner and is entitled to exercise all rights afforded to a

riparian owner, even if the bed of the waterway is owned in whole or in part by

another. The bill provides that the exercise of riparian rights remains subject to

current law requirements and riparian rights may not be exercised if prohibited by

the deed to the land or another written agreement or recorded instrument.

The bill provides for reasonable restrictions on the exercise of riparian rights

necessary for the operator of a hydroelectric project to comply with requirements

imposed under state or federal law or a federal energy regulatory commission

license. If the bed of a navigable waterway is owned by the operator of a hydroelectric

project, the bill authorizes a riparian owner to apply to the applicable hydroelectric

operator for permission to exercise a riparian right within the hydroelectric project

boundaries. A hydroelectric operator may approve or deny such a request, but may

deny a request only if necessary to comply with requirements imposed under state

or federal law or a FERC license.

Finally, the bill requires the real estate condition and vacant land disclosure

reports to include specific disclosures relating to riparian rights and ownership of a

waterbody bed.