MEANDERING

  3-115. The traverse of the margin of a permanent natural body of water is termed a meander line. All navigable bodies of water and other important rivers and lakes are segregated from the public lands at mean high-water elevation. In original surveys, meander lines are run for the purpose of ascertaining the quantity of land remaining after segregation of the water area.

The running of meander lines has always been authorized in the survey of public lands fronting on large streams and other bodies of water. But the mere fact that an irregular or sinuous line must be run, as in the case of a reservation boundary, does not entitle it to be called a meander line except where it closely follows the bank of a stream or lake. The legal riparian rights connected with meander lines do not apply in the case of other irregular lines, as the latter are strict boundaries.

Low-water mark is the point to which a river or other body of water recedes, under ordinary conditions, at its lowest stage. High-water mark is the line which the water impresses on the soil by covering it for sufficient periods to deprive it of vegetation. The shore is the space between the margin of the water at its lowest stage and the banks at high-water mark. Alabama v. Georgia, 64 U.S. 505 (1859).

Numerous decisions in the United States Supreme Court assert the principle that meander lines are not boundaries defining the area of ownership of lands adjacent to the water. The general rule is that meander lines are run not as boundaries, but to define the sinuosities of the banks of the stream or other body of water, and as a means of ascertaining the quantity of land embraced in the survey; the stream, or other body of water, and not the meander line as actually run on the ground, is the boundary. When by action of water the bed of the body of water changes, high-water mark changes, and the ownership of adjoining land progresses with it. Lane v. United States, 274 Fed. 290 (1921).

Meander lines will not be established at the segregation line between upland and swamp or overflowed land, but at the ordinary high-water mark of the actual margin of the river or lake on which such swamp or overflowed lands border.




Figure 59. - Example showing completion of partially surveyed sections and completion of subdivisional lines of a township with necessary lottings.  Click to enlarge.

  3-116. Practically all inland bodies of water pass through an annual cycle of changes, between the extremes of which will be found mean high water. In regions of broken topography, especially when bodies of water are bounded by sharply sloping lands, the horizontal distance between the margins of the various water elevations is comparatively slight, and the surveyor does not experience much difficulty in determining the horizontal position of mean high-water level with approximate accuracy. Where the meanderable bodies of water are bordered by relatively flat lands, the horizontal distance between the successive levels is relatively great. The most reliable indication of mean high-water elevation is the evidence made by the water's action at its various stages, which are generally well marked in the soil. In timbered localities a very certain indication of the locus of the various important water levels is found in the belting of the native forest species.



Figure 60.  -Example showing completion of subdivisional lines of a township where outlying parts of sections returned earlier have been cancelled. Click to enlarge.  

Mean high-water elevation is found at the margin of the area occupied by the water for the margin of the area occupied by the water for the greater portion of each average year. At this level a definite escarpment in the soil is generally traceable, at the top of which is the true position for the meander line. A pronounced escarpment, the result of the action of storm and flood waters is often found above the principal water level, and separated from the latter by the storm or flood beach. Another, less evident, escarpment is often found at the average low-water level, especially of lakes, the lower escarpment being separated from the principal escarpment by the normal beach or shore. While these questions properly belong to the realm of geology, they should not be overlooked in the survey of a meander line.

Where native forest trees are found in abundance bordering bodies of water, those trees showing evidence of having grown under favorable site conditions will be found belted along contour lines. Certain mixed varieties common to a particular region are found only on the lands seldom if ever overflowed. Another group are found on the lands which are inundated only a small portion of the growing season each year, and indicate the area which should be included in the classification of the uplands. Other varieties of native forest trees are found only within the zone of swamp and overflowed lands. All timber growth normally ceases at the margin of permanent water.

  3-117. A meander corner is established at every point where a standard, township, or section line intersects the bank of a navigable stream or other meanderable body of water. No monument should be placed in a position exposed to the beating of waves and the action of ice in severe weather. In such cases a witness corner should be established on the line at a secure point near the true point for the meander corner. The distance across a body of water is ascertained by triangulation or direct measurement, and the full particulars are given in the field tablets.

  3-118. Inasmuch as it is not practicable in public-land surveys to meander in such a way as to follow and reproduce all the minute windings of the high-water line, the United States Supreme Court has given the principles governing the use and purpose of meandering shores in its decision in a noted case as follows:

   Meander lines are run in surveying fractional portions of the public lands bordering on navigable rivers, not as boundaries of the tract, but for the purpose of defining the sinuosities of the banks of the stream, and as the means of ascertaining the quantity of land in the fraction subject to sale, which is to be paid for by the purchaser. In preparing the official plat from the field notes, the meander line is represented as the border line of the stream, and shows to a demonstration that the watercourse, and not the meander line as actually run on the land, is the boundary. Railroad Co. v. Schurmeier, 74 U.S. 272 (1868).

  3-119. The surveyor commences at one of the meander corners, follows the bank or shore line, and determines the length and true bearing of each course, from the beginning to the next meander corner. All meander courses refer to the true meridian and are determined with precision. "Transit angles" showing only the amount of the deviation from the preceding course are not acceptable in field notes of meanders. Where it is impossible to survey the meander line along mean high-water mark, the notes should state the distance therefrom and the obstacles which justify the deviation. A table of latitudes and departures of the meander courses should be computed before leaving the vicinity, and it misclosure is found, indicating error in measurement or in reading courses, the lines should be rerun.

The following items will be noted along the meander line: (1) all streams flowing into a river, lake, or meanderable bayou, with the width at their mouths; (2) the position, size, and depth of springs, and whether the water is pure or mineral; (3) the heads and mouths of all bayous; (4) all rapids and bars, with intersections to the upper and lower ends; (5) the elevation of the banks of lakes and streams, the height of falls and cascades, and the length and fall of rapids; and (6) artificial structures in both land and water areas.

The field notes of meanders show the corners from which the meanders commenced and upon which they closed, and exhibit the meanders of each factional section separately. Following, and composing a part of the notes, should be given a description of the adjoining land, soil and timber, and the estimated depth of inundation to which the bottom land is subject.

Rivers

  3-120. Facing downstream, the bank on the left hand is termed the left bank and that on the right hand the right bank. These terms will be universally used to distinguish the two banks of a river or stream.

Navigable rivers and bayous, as well as all rivers not navigable, the right-angle width of which is 3 chains and upwards, are meandered on both banks, at the ordinary mean high-water mark, by taking the general courses and distances of their sinuosities. Rivers not classed as navigable are not meandered above the point where the average right-angle width is less than 3 chains, except when duly authorized.

Shallow streams and intermittent streams without well defined channel or banks are not meandered, even when more than 3 chains wide. Tidewater streams are meandered at ordinary mean high tide as far as navigable, even when less than 3 chains wide. Tidewater inlets and bayous are recorded, and are meandered is more than 3 chains in width, but when nonnavigable are not meandered when less than 3 chains wide.

Lakes

  3-121. All lakes of the area of 50 acres and upwards, are meandered.

In the case of lakes which are located entirely within the boundaries of a section, a quarter-section line, if one crosses the lake, is run from one of the quarter-section corners, on a theoretical course to connect with the opposite quarter-section corner, to the margin of the lake, and the distance is measured. At the point thus determined a "special meander corner" is established.

Where one or both of the opposite quarter-section corners cannot be established, and in all cases where the distance across a lake exceeds 40 chains or the physical crossing in difficult, a temporary special meander corner is established at the computed intersection with the center line of the section when surveying the meander line. The temporary point is later corrected to the true center line position for monumentation, at midpoint in departure (or latitude), or at proportionate distance in a fractional section.

If a meanderable lake is found to be located entirely within a quarter section, an "auxiliary meander corner" is established at some suitable point on its margin, and a connecting line is run from the monument to a regular corner on the section boundary. A connecting traverse line is recorded, if run, but it is also reduced to the equivalent direct connecting course and distance, all of which is stated in the field notes. Only the course and length of the direct connecting lines are shown on the plat of the survey.

The meander line of a lake tying within a section is initiated at the established special or auxiliary meander corner, as the case may be, and continued around the margin of the normal lake at its mean high-water level, to a closing at the point of beginning. All proceedings are fully entered in the field notes.

Artificial lakes and reservoirs are not segregated from the public lands, unless specially provided in the instructions, but the true position and extent of such bodies of water are determined in the field and shown on the plat.

Other exceptions to the general rule are shallow or poorly defined "lakes" which are actually pools that collect because of permafrost and lack of drainage or which are ephemeral desert playas formed seasonally or in wet years. These "lakes" should not be meandered even when larger than 50 acres.

Islands

  3-122. Every island above the mean high-water elevation of any meanderable body of water, except islands formed in navigable bodies of water after the date of the admission of a State into the Union, is located by triangulation or direct measurement or other suitable process, and is meandered and shown upon the official plat.

Even though the United States has parted with its title to the adjoining mainland, an island in a meandered body of water, navigable or nonnavigable, in continuous existence since the date of the admission of the State into the Union, and omitted from the original survey, remains public land of the United States. As such the island is subject to survey. This is because such islands were not a part of the bed of the stream at the date of Statehood, and therefore their title remained in the United States, subject to survey and disposal when identified. The riparian right that attaches to the lottings along the meander line of the mainland pertains only to the bed of the stream, and to such islands as may form within the bed subsequent to the disposal of the title. The proof of the time of the formation of islands is often difficult. It is the practice to make a careful examination of the history of an island in relation to the question of its legal ownership.

   Islands that have been given well-known proper names are so identified, both in the field notes and on the plat. Sometimes there are a number of islands in the same section without proper names. Some may have been surveyed, others omitted. Of the latter, some may rightfully belong to the State, some to a riparian proprietor, so that any system of numbering may be uncertain, and if used may still be confused with a lot number, if and when surveyed. For these reasons their identification may be uncertain unless the following rule is applied:

Where there are several unnamed islands within the same section, these will be referred to in the field notes (when surveyed) according to the lot number (Island designated as lot No. ___) that is assigned on the plat, excepting that islands which are crossed by section line boundaries, or by a center line of the section, are readily identified by location.

Any township boundary or section line which will intersect an island is extended as nearly in accordance with the plan of regular surveys as conditions permit, and the usual township, section, quarter-section, and meander corners are established on the island. If an island falls in two sections only, the line between the sections should be established in its proper theoretical position based upon suitable sights and calculations. If an island falls entirely in one section, and is large enough to be subdivided (over 50 acres in area), a suitable sight or calculation is made to locate on the margin of the island an intersection with the theoretical position of any suitable subdivision-of-section line. At the point thus determined a "special meander corner" is established. In the case of an island falling entirely in one section and too small to be subdivided, an "auxiliary meander corner" is established at any suitable point on its margin, which is connected with any regular corner on the mainland. The direct course and length of the connecting line is given in the field notes and shown on the plat.

The meander line of an island is surveyed in harmony with principles and rules heretofore stated. All township and section lines crossing the island are shown on the plat. if the island is large enough to be subdivided, the subdivision is accomplished by the protraction of suitable subdivision-of-section lines in their correct theoretical position.

Under special circumstances where administration or disposal requires no subdivision, an island is given a tract number within a township. In such cases, the section lines need not be extended to the island.

Agricultural upland within the limits of swamp and overflowed lands should be so classified and shown upon the plat accordingly, but such land is not meandered as an island.

Use of Photogrammetry


  3-123. Where conditions are favorable, meander lines may be surveyed by the process of photogrammetry after the meander corners have been established in the regular manner. The field notes will state what lines were so determined and the date and identification of the photography.