Riparian rights are associated with access to the water, as opposed to ownership of the bed of the lake or river. Your riparian rights can include rights associated with:

• Access to and from the water from your own land
• The natural flow and quality of water, subject to the same rights of riparian neighbours
• Increased ownership through natural accretion processes (conversely, you could face decreased ownership as a result of erosion, depending on the boundary description in the patent)
• Navigation in the navigable waters, along with those of the general public
• The right to control trespass originating from the water (although the Ministry of Natural Resources points out that legal clarity is required when you are dealing with complex navigation and ownership issues)
• The right to take water for personal use without interrupting the same rights of riparian neighbours
• The right to protect the bank or shoreline from erosion (with approval), but not to interfere with the rights of adjacent riparian ownership

Ontario’s water resources are managed by all three levels of government: federal, provincial, and municipal. Non-government agencies such as Conservation Authorities also play a critical role in managing our water resources.

History

In 1867, with the signing of the Constitution Act, provinces were granted rights to manage waters contained within their boundaries on a day-to-day basis. This remains a very complicated process with roles and responsibilities split between federal, provincial, and municipal levels of government. Ontario’s water management system is founded on English common law principles where water is typically viewed as a ‘common good.’ As a result, water is not subject to “ownership” as other goods are unless it is bottled or contained and sold as a commodity.