V-100 



SECTION 4. STATE ESTUARINE LAWS AND OWNERSHIP PROBLEMS 



No uniform State-level estuarine law framework exists; there are, 

 instead, many laws, often conflicting, which affect the estuarine 

 zone. The States' estuarine legal system is a confusing and complex 

 blend of water rights, land ownership claims, use conflicts, and 

 State, Federal, and local laws which vary from area to area and 

 are often subject to varying interpretation and constant litigation. 

 This section briefly discusses the legal aspects of estuarine manage- 

 ment, in particular ownership problems and State laws; it does not 

 include a comprehensive survey. 



Some fundamental legal questions on estuarine use are (V-2-1): 



(1) How much of the estuarine zone is owned by Federal, 

 State, and local governments and by private parties? 



(2) How was ownership acquired (e.g., colonial or legis- 

 lative grants, adverse possession, condemnation, leases)? 



(3) What limitations are there on ownership -- what 

 rights and privileges does the public have to use estu- 

 aries and their resources including privately owned lands? 



(4) What kinds of legislation and regulatory tools are 

 constitutional and offer the best framework for management 

 of the estuarine zone? 



