Who owns the water?

[huntervasili]

Alright well I was very interested in the previous discussion and wanted to find out some answers myself. The ones I got have alot of interpretation with them, and regard mostly rivers and river beds but, this is the answer I got from the MNR...

 

The ownership of a bed of a waterway frequently depends on the question of navigability under the Beds of Navigable Waters Act. Under this Act, the bed of a watercourse that is concluded to be navigable, is owned by the Crown. This Act however does not define navigability; the test of navigability can only be legally determined by a court. Past court cases have established in part, that: a) navigability also means floatable in the sense that it is capable of floating logs for example, a river may be navigable over part of its course and not over other parts, c) a river is not necessarily navigable if it is used for purposes that do not require transportation along the river, e.g., fishing, d) navigability need not be continuous but may fluctuate with the seasons, e) where it is necessary to assert ownership, navigability must be determined as of the date of the original Crown grant, and, f) the location on the waterway should be assessed between two public access points.

 

I was glad to get the Information and hopefully it helps with some of your questions, it did with mine...

 

Bill

[LeXXington]

Great going Bill, More information the better,

[huntervasili]

I would have posted it in your topic but didn't for two reasons 1) This relates mainly to rivers, and 2) I kinda didn't see your post but the second isnt really that important of course...