Changing the Definition of Navigable Water in North Carolina

The use of water as boundary between parcels of land is as ancient as human settlements. A body of water is an object that a person can readily identify and understand as a division between owners. Yet, the precise determination of the location of that boundary can be troubling to many because it can move over time or in an instant of time. Due to this difficulty, we have large body of case law and common law that defines and locates these boundaries. States determine most laws involving boundaries; however, the exceptions are riparian and littoral boundaries, which can be federal issues. Such is the case of State of North Carolina v. Alcoa Power Generating, Inc. (2015/2017), wherein the federal courts redefined how surveyors determine the location of riparian boundaries (135 F. Supp. 3d 385).