Lake Pat Cleburne Topics: The question is:
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Is lake Martin considered RIPARIAN RIGHTS or LITTORAL RIGHTS?
Th Riparian rights are explained as rights granted to owners of land along the course of a river, stream or lake. Flowing water rights. (lake martin flows) It states that land adjoining navigable rivers is usually owned to the water's edge, while land adjoining non-navigable streams and lakes is owned to the center of the stream or lake.
Littoral rights are water rights of owners whose land borders on large, navigable lakes, seas and oceans. Non-flowing water rights: ownership ends at the mean high-water mark.
It also states that a land owner is entitled to accretion. I do know that Alabama power has some kind of clause that state if you lose your land due to avulsion then you can only claim back 2 ft within a period of time. Not sure of the exact footage or terms, but think it was 2 ft and not sure about the time frame.
According to the guidelines for shoreline permitting for Alabama Power company. They state that they own the "pool property". I would take this as the high water mark making lake martin Littoral rights only. I would guess this means anything above the 490' is yours unless you have a additional restriction in your deed.
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