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

Avulsion refers to a natural process whereby a significant change in a river or stream's course occurs suddenly, often due to flooding or other natural events. When avulsion takes place on a navigable stream, ownership of the bed of the new channel typically reverts to the public, which is represented by the state. This principle is grounded in the idea that navigable waters are considered public resources, and any changes in their course do not transfer ownership to private landowners.

This principle is rooted in common law, which holds that the state holds title to the beds of navigable rivers and streams. Therefore, when avulsion creates a new channel, the bed of that channel is not owned by riparian owners, who are those living adjacent to the water, but rather by the public through the state, ensuring that these waters remain accessible for public use and navigation.

In contrast, other stakeholders like the federal government or specific departments do not automatically claim ownership of the new channel's bed simply because it involves navigable waterways. Understanding this ownership status is crucial for those engaged in surveying and land management, as it impacts land use rights and responsibilities along navigable water bodies.