Waters of this state under the jurisdiction of the commission definition

Waters of this state under the jurisdiction of the commission means any navigable waters within the territorial limits of this state, and the marginal river areas adjacent to this state, exempting only farm ponds and privately owned lakes.
Waters of this state under the jurisdiction of the commission means any navigable waters within the territorial limits of this state, and the marginal river areas adjacent to this state, exempting only farm ponds and privately owned lakes. Iowa Code § 462A.2(45).3 Additionally, section 462A.2(22) defines “navigable waters” broadly as “all lakes, rivers, and streams, which can support a vessel capable of carrying one or more persons during a total of six months in one out of every ten years.” Id. § 462A.2(22). Meanwhile, chapter 462A defines a “privately owned lake” as a lake “which is not open to the use of the general public but is used exclusively by the owners and their personal guests.” Id. § 462A.2(31).Chapter 462A also declares that all flowing rivers and streams are “public waters of the state of Iowa and subject to use by the public for navigation purposes in accordance with law.” Id. § 462A.3A. This rule applies regardless of who owns the land underneath: “Land underlying flowing surface water is held subject to a trust for the public use of the water flowing over it.” Id.4 Thus, a flowing river or stream that can support a vessel is both “navigable” and “subject to use by the public.” 3“Commission” refers to the natural resource commission, which is part of the DNR. See Iowa Code § 462A.2(7).4This rule also applies whether or not the river or stream is “meandered.” SeeIowa Code § 462A.3A. Iowa Code section 462A.3A, in fact, assumes that the river or
Waters of this state under the jurisdiction of the commission means any navigable

Related to Waters of this state under the jurisdiction of the commission

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