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Are lakes in America public or private property?

Started by Jonathan Vaughn7 · · 👁 4 views · 6 replies

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Participants Jonathan Vaughn7silverbear5Steven Young23Kyle Ward4nimbleharbor10
Jonathan Vaughn7 Jonathan Vaughn7 NewcomerOP
2 messages
joined Jul 2014
#1 ·
In places like the US or Austria, you see plenty of private lakes—basically just someone’s personal property where the public isn't allowed to set foot because they own the whole setup.

I'm trying to figure out how things work here in America. Is there a rule saying all lakes above a certain size belong to the public, or can some wealthy person just buy up all the land surrounding a lake to shut everyone else out?

The best I could dig up online was this article:
http://ribolov-hr.com/index.php?opti...d=102&Itemid=2
It didn't actually answer what I'm looking for, so I'm hoping someone here might have the inside scoop. 🙂

Sorry if my American English sounds a bit off; I'm living abroad.

Cheers!
silverbear5 silverbear5 Newcomer
9 messages
joined Aug 2009
#2 ·
Under the Water Act (Article 7), water is defined as a public good, meaning no one can actually claim private ownership over it.
Jonathan Vaughn7 Jonathan Vaughn7 NewcomerOP
2 messages
joined Jul 2014
#3 ·
silverbear5 said:Under the Water Act (Article 7), water is defined as a public good, meaning no one can actually claim private ownership over it.

Thanks a ton!
But does that mean people actually have a right to get down to the lake or use it?
Is it even possible to buy up all the land surrounding a lake just so I can have it all to myself, or does the public always have access because the water itself is a public resource?
silverbear5 silverbear5 Newcomer
9 messages
joined Aug 2009
#4 ·
Water Act

General Conditions for Water Use

Article 75.
Everyone is permitted to use water within the specific terms and limits established by this Act.
Water usage must be handled rationally and economically... because nothing goes to waste if you're smart about it.
Every user is obligated to utilize water in a manner and scope that prevents waste and stops any harmful changes to its quality, ensuring they do not interfere with the legal right of others to use the water as well.

General Use of Water

Article 76.
The use of water for personal needs is allowed for everyone, provided it’s done in a way and in quantities that don't prevent others from having equal access (this is what we call general water use).
General water use specifically includes:
1. Drawing surface and groundwater from the first aquifer up to a depth of 10 meters for purposes such as drinking, cooking, heating, cleaning, sanitation, and other household needs, as well as
2. Using surface waters for swimming, sports, recreation, and similar activities.
It should be noted that general water use does not include using water for irrigation, regardless of how large the area being irrigated might be...
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#5 ·
Jonathan Vaughn7 said:Thanks a ton!
But does that mean people actually have a right to get down to the lake or use it?
Is it even possible to buy up all the land surrounding a lake just so I can have it all to myself, or does the public always have access because the water itself is a public resource?

There are likely one or more public roads leading to the lake. You aren't permitted to block those for public use, and you're also required to maintain a buffer zone of a few feet along the shoreline where anyone should be able to pass through without obstruction.
Kyle Ward4 Kyle Ward4 Newcomer
3 messages
joined Jan 2014
#6 ·
Goodness, what kind of nonsense is this? I mean, does this actually imply that I’m supposed to just open up my private backyard pool to the general public or something?
nimbleharbor10 nimbleharbor10 Active Member
79 messages
joined Nov 2024
#7 ·
Kyle Ward4 said:Goodness, what kind of nonsense is this? I mean, does this actually imply that I’m supposed to just open up my private backyard pool to the general public or something?

No, because your swimming pool—or any body of water filled up on your property—doesn't fall under the category of water surfaces defined by the law. I assume the same logic applies if you were to dig out an artificial lake on your own land.

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