OCR Text |
Show ohio 595 resources of the State. This department has general supervision of all of the divisions within the department. In addition to these general administrative responsibilities, the director of the depart- ment is to (1) prepare and maintain a comprehensive plan for the development, management and protection of the State's water re- sources, and (2) administer the State's loan and grant program which assists local governmental agencies in water management.21 The director of the department of natural resources is also an ex officio member of the water pollution control board and the water commission. 3. Surface Waters Surface waters of a watercourse are those which flow in a definite channel having a bed and sides or banks and discharging itself into some other body of water. It is not necessary that there be a constant flow of water, but water must exist in the channel for substantial periods of time, and is ordinarily a moving body of water.22 In Ohio the riparian right extends to the floodwaters of a stream as well as the waters confined within its bed 23 and the owner of land fronting a lake is entitled to riparian rights in the lake even though his property does not extend beyond the edge of the water.24 However, riparian rights do not attach to canals or other artificial watercourses.25 3.1 Method of Acquiring Bights The right to the use of the water of a stream is derived from the ownership of the lands through which the watercourse flows or by which it is bounded.26 The riparian right is an incident of the ownership of the land adjoining a stream and is a property right.27 While riparian rights are normally acquired by purchase of the riparian land, they may also be purchased independently from the land. A riparian right may be separated from the land by deed, but if the deed is silent with respect to water use or water rights, the water right is deemed to be transferred as part of the riparian land.28 Riparian rights may be transferred involuntarily as well as voluntarily. A riparian right may be acquired by adverse use if the user claiming under this doctrine is able to establish all of the ele- ments necessary to establish his claim.29 3.2 Nature and Limit of Bights As pointed out above, a riparian right is a property right which arises as an incident of the ownership of land adjoining a stream. It is not a mere easement or appurtenance,30 neither is it ownership si Sec. 1501.20. 22 East Bay Sporting Club v. Miller, 118 Ohio St. 360, 161 N.E. 12 (1928) ; Crawford V. Rambo, 44 Ohio St. 279. 7 N.E. 429 (1886). ™East Bay Sporting Club v. Miller, 118 Ohio St. 360, 161 N.E. 1 2(1928). ^Lembeck v. Nye, 47 Ohio St. 336, 24 N.E. 646 (1890). ZBVougM v. Railway Co., 58 Ohio St. 123, 50 N.E. 442 (1898) ; Longstreet v. Hark- rader, 17 Ohio St. 23 (1866). MFrazier v. Brown, 12 Ohio St. 294 (1861). 27 City of Mansfield v. Balliett, 65 Ohio St. 451, 63 N.E. 86 (1901). 28Mallory v. Dillon, 18 O.L. Abs. 239 (Ct. App. Mahoning County 1934). 2» Mann v. Hovitz Co., 175 Ohio St. 521, 196 N.E. 2d 764 (1964). MMontelioua v. Elsea, 161 N.E. 2d 675 (1959). 499-242-73------39 |