Thank you for all of the replies.
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I have reviewed the sited cases and searched for other cases on google scholar. I was unable to find a similar case to this situation dealing with a non-navigable river. There doesn't seem to be a definitive answer either way, but it appears that if the islands are sandbars and are not permanent that the dividing line would remain at the center of the river.
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?ÿ
Thank you for all of the replies.
?ÿ
I have reviewed the sited cases and searched for other cases on google scholar. I was unable to find a similar case to this situation dealing with a non-navigable river. There doesn't seem to be a definitive answer either way, but it appears that if the islands are sandbars and are not permanent that the dividing line would remain at the center of the river.
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I think you are right, but now you have to figure out what the "center" is under Iowa law. If the stream was the boundary back to patent it will be federal law and the medial line. If not, do some more reaearch. .?ÿ?ÿ
default to me has been:
In other words, the thread of the stream is the deepest groove or trench in the bed of a river channel, the last part of the bed to run dry.
default to me has been:
In other words, the thread of the stream is the deepest groove or trench in the bed of a river channel, the last part of the bed to run dry.
That's a good definition of thread. It ?ÿillustrates why the medial line is usual used in larger creeks/rivers. If the river is bigger than what can easily he waded or there are multiple channels?ÿ finding the thread becomes very difficult. For example, try proving an avulision of the thread between stable OHW lines in order to show the ownership of a new island.?ÿ
Surveyors often shy away from the medial line because they have to survey to lines to find it and they don't understand the math, but in the long run it works better, except for the smallest creeks.
Where I'm from in NE Ohio, we have one area, about a mile and a half long, where the descriptions read "to the high bank of the Cuyahoga River". Most areas areas this applies to areas where there is an existing gorge. But in some areas "high bank" is totally subjective. I've never seen it anywhere else in the state.
