Fundamentals of Surveying (FS) Practice Exam

If a navigable stream creates an island while maintaining flow in the old channel, who owns the island?

1. Public of the state

2. Federal government

3. Riparian owner

4. Department of the Interior

The correct answer is: Riparian owner

When a navigable stream creates an island while still maintaining flow in the old channel, the ownership of that island typically falls to the riparian owner. This principle is rooted in the understanding of property rights associated with waterways. Riparian rights apply to landowners whose property is adjacent to a body of water, in this case, the navigable stream. As the stream changes due to natural processes—such as sediment deposit or erosion—new land can emerge, forming an island. Since the island arises from land that has a direct connection to the riparian landowner's property, the owner generally retains rights to the island. This concept aligns with the legal doctrine that riparian owners have rights to the water and any land created by the natural movement of that water. Public ownership or federal government rights usually apply to certain aspects of navigable waters, such as navigation or certain environmental regulations, but do not extend ownership over new land formed in this scenario. Therefore, the riparian owner is the correct choice for ownership of the newly formed island.