Mar 25, 2008

SEA 41 - Riparian Water Rights

Synopsis: Public freshwater lakes. Defines "acquiescence" and "lake" for purposes of certain lake preservation laws. Establishes evidence that indicates the acquiescence of a riparian owner to allow the public use of a lake. Makes conforming changes. Requires the department of natural resources to prepare a list of public freshwater lakes. Allows the owners of a body of water to petition to have the body of water declared a public freshwater lake.

When the legislators look to private property and start defining "acquiescence" as the public right to use private property because you might have allowed it to be used for awhile, we certainly have a problem. Possibly we're missing something here, but it sure sounds like eminent domain exercised over water rights with public recreation the end goal.

Senate passed: 47-0. House passed: 95-2. Dissenting: Wolkins and Torr. If Wolkins votes against, it must mean our assessment of eminent domain abuse isn't far off.

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