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Who Owns & Regulates the Mahoning River & Its Streams?
The state of Ohio holds in trust the water that flows in the Mahoning River and its streams. This is referred to as the “public trust doctrine.” The land beneath the flowing water and out to middle of the river belongs to the riparian property owner—the person, company or municipality that owns the land along the river. The quality of the water is regulated by the Ohio & US Environmental Protection Agencies, and the level of the Mahoning River is regulated by the US Army Corps of Engineers who decide how much water is let out of the reservoirs and into the river.
CONTENTS
1. Who Owns the Water in the Mahoning River & its Streams?
2. Who Owns the Land Under & Alongside the River &
Streams?
3. Who Has Authority Over the Quality of Our Water & the Levels of Water in the Reservoirs & River?
4. Who Has Authority Over the Levels of the Water in the Reservoirs & the Streams & River?
Who Owns the Water in the Mahoning River & Its Streams? 
THE WATER IN THE MAHONING RIVER & ITS TRIBUTARIES IS
OWNED BY THE OHIO DEPARTMENT OF NATURAL RESOURCES
The Ohio Department of Natural Resources (ODNR) has published a 4-page paper entitled, “Who Owns Ohio’s Streams.” (It can be downloaded:
http://www.dnr.state.oh.us/water/pubs/fs_st/stfs02.htm.)
Who Owns the Land Under & Alongside the River & Streams?
THE RIVERBED & RIPARIAN ZONE ARE OWNED BY THE LANDOWNERS WHO’S PROPERTIES HAVE THE RIVER OR A STREAM FLOWING THROUGH IT
Said one ODNR staff in response to queries: “Landowners do have rights to make use of the water flowing through their property including the right to withdraw it and otherwise control it to the extent that nature permits, so long as the rights of others are not infringed upon. So, in response to who owns the Mahoning River and its streams, the
streambed (out to the middle of the river) is owned by the property owner along the river (riparian owner), but the water is not owned by that person but is held in trust by the State of Ohio for the "public good".
Who Has Authority Over the Quality of Our Water & the Levels of Water in the Reservoirs & River?
THE WATER QUALITY IS REGULATED & MONITORED BY THE US & OHIO ENVIRONMENTAL PROTECTION AGENCIES (EPA)
The water quality of rivers and streams is regulated by the Ohio Environmental Protection Agency (OEPA) and the United States Environmental Protection Agency (USEPA). For OEPA, the division of surface water protects the waters of the state. The OEPA checks the water quality on a regular basis (see Water Quality within this website). Property owners have to comply with water quality regulations and must have permits (NPDES) to lawfully discharge anything into the river.
Who Has Authority Over the Levels of the Water in the Reservoirs & the Streams & River?
THE LEVELS OF THE RESERVOIRS & THE RIVER ARE REGULATED BY THE
US ARMY CORPS OF ENGINEERS
The physical quality of the river (the amount of water in the river, which is impacted by the opening and closing of the reservoirs) is regulated by the US Army Corp of Engineers as established in the Rivers and Harbors Act of 1899.
“… the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States,… except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States,….” Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. 403
In other words, the river must allow for navigation. Any obstruction would be subject to removal if not previously approved.
Resources:
ODNR: "Who Owns Ohio's Streams?" http://www.dnr.state.oh.us/water/pubs/fs_st/stfs02.htm
ODNR: Stream Management Guide List: http://www.dnr.state.oh.us/water/pubs/fs_st/streamfs.htm
Rivers & Harbors Act 1899
Section 9 of the Rivers and Harbors Act of 1899
33 U.S.C. 401
That it shall not be lawful to construct or commence the construction of any bridge, dam, dike, or causeway over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of War: Provided, That such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of War before construction is commenced: And provided further, That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of War; it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War.
http://www.usace.army.mil/inet/functions/cw/cecwo/reg/rhsec09.htm
Section 10 of the Rivers and Harbors Act of 1899
33 U.S.C. 403
That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.
http://www.usace.army.mil/inet/functions/cw/cecwo/reg/rhsec10.htm
By Leanne Turner, 2002, through a grant from the US EPA. The Mahoning River Education Project: A Partnership between Youngstown State University and the Mahoning River Consortium. Mahoning River website:
www..ysu.edu/mahoning_river
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