Fundamentals of Surveying (FS) Practice Exam

When avulsion occurs on a navigable stream, who owns the bed of the new channel?

1. Public of the state

2. Federal government

3. Riparian owner

4. Department of the Interior

The correct answer is: Public of the state

When avulsion occurs on a navigable stream, the ownership of the bed of the new channel generally reverts to the public of the state. Avulsion refers to a sudden and perceptible change in the course of a stream, which can be caused by events such as flooding or erosion that shift the waterway and create a new channel. In this context, navigable streams are considered public waters, and state law typically asserts that the state holds title to the beds of navigable waters within its boundaries. The rationale behind this principle is tied to the public's right to use navigable waters, which includes the rights to navigation, fishing, and other lawful activities. Therefore, when a new channel is formed, ownership does not transfer directly to private individuals or entities but rather remains with the state to ensure public access and resource management. This contrasts with cases of accretion, where gradual changes might allow adjacent landowners to claim ownership of the land formed, but avulsion is treated differently due to the sudden nature of the event. Thus, the state retains control over the new channel bed to uphold public rights and interests in navigable waters.