Figure 9 — Access rights for recreational use of water are complex. 



Generally, in the East, the law of riparian rights entitles adjacent riparian landowners 

 to reasonable use of streamflow in connpetition with those who divert the stream for 

 economic uses. The major thrust of the riparian law has been to protect private rather 

 than public rights. 



Access rights for recreational use of water are also complex. In general, trespass laws 

 apply to land adjoining water, and private owners can deny access. Once access has 

 been achieved, however, water can generally be used for recreation despite the 

 existence of adjacent, posted land. 



Minerals. The Nation's forests and rangelands are underlaid by extensive mineral 

 resources. The greatest concentrations occur in the Western mountain ranges, the 

 Western Overthrust Belt, the Northern Great Plains, and the Appalachian region. 



Ownership patterns for energy and mineral resources do not necessarily match 

 surface ownership patterns because mineral rights may be severed from the surface. 

 Privately held minerals underlay private, as well as public, lands. Similarly, publicly 

 held mineral rights exist under both public and private lands. Significant undiscovered 

 energy and mineral resources in the Western United States are publicly held. In the 

 East, minerals are predominantly privately held, although some areas with high 

 mineral potential reside in the public estate. 



The Mining Law of 1872 governs mineral location activities on public domain lands 

 (lands which have never left the Federal estate) for most nonenergy minerals. The law 

 was framed to encourage mineral exploration and development by individuals or 

 firms. If a deposit is discovered, it may be claimed and extracted to exhaustion by the 

 finder. A deposit that can be shown to be economic may be patented, thus transferring 

 the surface and mineral rights to private ownership. The rights to both claims and 

 patented claims may be sold or transferred. 



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