Coastal Resources Element 2.2
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The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
Official List of Public Waters
Official List of Public Waters New Hampshire Department of Environmental Services Water Division Dam Bureau 29 Hazen Drive PO Box 95 Concord, NH 03302-0095 (603) 271-3406 https://www.des.nh.gov NH Official List of Public Waters Revision Date October 9, 2020 Robert R. Scott, Commissioner Thomas E. O’Donovan, Division Director OFFICIAL LIST OF PUBLIC WATERS Published Pursuant to RSA 271:20 II (effective June 26, 1990) IMPORTANT NOTE: Do not use this list for determining water bodies that are subject to the Comprehensive Shoreland Protection Act (CSPA). The CSPA list is available on the NHDES website. Public waters in New Hampshire are prescribed by common law as great ponds (natural waterbodies of 10 acres or more in size), public rivers and streams, and tidal waters. These common law public waters are held by the State in trust for the people of New Hampshire. The State holds the land underlying great ponds and tidal waters (including tidal rivers) in trust for the people of New Hampshire. Generally, but with some exceptions, private property owners hold title to the land underlying freshwater rivers and streams, and the State has an easement over this land for public purposes. Several New Hampshire statutes further define public waters as including artificial impoundments 10 acres or more in size, solely for the purpose of applying specific statutes. Most artificial impoundments were created by the construction of a dam, but some were created by actions such as dredging or as a result of urbanization (usually due to the effect of road crossings obstructing flow and increased runoff from the surrounding area). -
1.0 Summary of Existing PRB Knowledge
To: PRB Committee From: CDM Smith Date: April 4, 2013 Subject: Technical Memorandum No.1: Evaluation Criteria for the Permeable Reactive Barrier (PRB) Pilot Project - Final CDM Smith is pleased to present Technical Memorandum No. 1: Evaluation Criteria for the Permeable Reactive Barrier (PRB) Pilot Project. This is the first of six technical memorandums that will culminate with the recommendation of two PRB demonstration sites. Technical Memorandum No. 1 discusses the findings from Tasks 1.1.10, 1.1.11, and 1.1.12 of the contract scope of work and includes the following sections: Section 1 – Summary of Existing PRB Knowledge Base Section 2 – Environmental Permitting / Approval Requirements of PRBs Section 3 – Potential Down-Gradient Impacts of PRBs Section 4 – Summary Section 5 – Summary of Comments from March 13, 2013 Project Meeting Section 6 – Works Cited 1.0 Summary of Existing PRB Knowledge The following is a summary of existing PRB research that has been performed, specifically relating to the removal of nitrate in groundwater. The focus of this research includes the following aspects: Available and proven PRB technologies implemented for the removal of nitrate Performance metrics of operating PRBs Reliability of PRBs to remove nitrate with scientific and regulatory certainty Important design and siting considerations Applicability of PRBs for treatment of nitrate in groundwater in Falmouth, Massachusetts 1.1 Existing PRB Systems for Removal of Nitrate The following section provides an overview on the types of PRBs that are currently identified as successful technologies for the removal of nitrate in groundwater. Table 1-1 and Table 1-2 include a comprehensive list of PRB studies that were conducted specifically to evaluate the effectiveness of nitrate removal, along with other design factors such as system longevity, hydrogeological and PRB Committee April 4, 2013 Page 2 geologic impacts, environmental impacts, and multi-contaminant impacts on PRB performance. -
STATE of MAINE EXECUTIVE DEPARTMENT STATE PLANNIJ'\G OFFICE 38 STATE HOUSE STATION AUGUSTA, MAINE 043 3 3-003Fi ANGUS S
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) Great Pond Tasl< Force Final Report KF 5570 March 1999 .Z99 Prepared by Maine State Planning Office I 84 ·State Street Augusta, Maine 04333 Acknowledgments The Great Pond Task Force thanks Hank Tyler and Mark DesMeules for the staffing they provided to the Task Force. Aline Lachance provided secretarial support for the Task Force. The Final Report was written by Hank Tyler. Principal editing was done by Mark DesMeules. Those offering additional editorial and layout assistance/input include: Jenny Ruffing Begin and Liz Brown. Kevin Boyle, Jennifer Schuetz and JefferyS. Kahl of the University of Maine prepared the economic study, Great Ponds Play an Integral Role in Maine's Economy. Frank O'Hara of Planning Decisions prepared the Executive Summary. Larry Harwood, Office of GIS, prepared the maps. In particular, the Great Pond Task Force appreciates the effort made by all who participated in the public comment phase of the project. D.D.Tyler donated the artwork of a Common Loon (Gavia immer). Copyright Diana Dee Tyler, 1984. STATE OF MAINE EXECUTIVE DEPARTMENT STATE PLANNIJ'\G OFFICE 38 STATE HOUSE STATION AUGUSTA, MAINE 043 3 3-003fi ANGUS S. KING, JR. EVAN D. RICHERT, AICP GOVERNOR DIRECTOR March 1999 Dear Land & Water Resources Council: Maine citizens have spoken loud and clear to the Great Pond Task Force about the problems confronting Maine's lakes and ponds. -
December 2020
THE ROLLCAST Newsletter of Cape Cod Trout Unlimited Chapter 460 December 2020 Presidents Message and December Events Stories from Swaluk, Petruska, Rakowski Ecological Restoration Funding Proposed Slate of Officers Volunteers Needed On the WEB: www.capecodtu.org December President’s Message Hello fellow CCTU members, Two years has flown right by and this is my last message to you as President of the Cape Cod Chapter. It has been my sincere honor to serve in this role. During this time, the CCTU Board members I had the pleasure of working with did an outstanding job with projects small and large. Thank you to Alan Alai, Pat Grenier, Mike Howard, Tim Lynch, Fred Monahan, Charlie Orr, Tom Planert, Ron Reif and Peter Schilling for all your hard work and dedication to the Chapter. While this past year was not what I (or anyone for that matter) had anticipated, I am grateful that we were able to accomplish what we did over the past two years. In 2019, we had one of the best fundraising banquets in a long time thanks to Banquet Chairman Mike Howard with help from the Board and Fred Monahan and a whole host of other volunteer instructors and helpers brought another class of eager students into the world of fly fishing and conservation. In 2020, we were also able to contribute $5,000 toward the conservation of another 150+ acres along the North River in Heath, MA. Work continued on the Quashnet by a small, but dedicated team of monthly volunteers, as well as on the Childs River Restoration project where CCTU played a part by con- tributing toward monitoring equipment courtesy of an Embrace-A-Stream grant shepherded by Tim Lynch. -
The Fishes Found in the Vicinity of Woods Hole
U. S. COMMISSION OF FISH AND FISHERIES. JOHN J. BRICE, Commissioner. THE FISHES FOUND IN THE VICINITY OF \VOODS HOLE. BY HUGH M. SMITH, Chief of Division of Scientific Inquiry, U. S. Fisk Commission. Ennwted li'OIII 0.8. FIsh CommiaslOD Bulletin for 1897. Article 3, Pages 86 to 11 .P1&te 3, and 1 ~ Spt Da~ of pnbliCl&t1ou, lunary 6,1898. UOf·1'1 WASHINGTON: GOVERNMENT PRINTING Oll'll'ICB. 1898. PLATE S. o , r A N .Dlgltized by Google LATE 3. 3.-THE FISHES FOUND IN THE ,vICINITY OF WOODS HOLE. BY HUGH M. SMITH, Ckief of Division of Scientific Inquiry, U. S. Fisk Ctmtmission. Since the establishment of the United States Commission of Fish and Fisheries in 1871, systematic fish collecting has boon carried on at Woods Hole, MlUlsachusetts, by Commission assistants. In the year named, l'rof. Spencer F. Baird studied the fish fauna of the region and later pnblished a list of the specIes then observed which has served as a valuable guide in subsequent investigation. For more than a quarter of a century almost daily observations, based on collec· tions, have been made and recorded, and it may be safely asserted that nowhere else iu the United States has such long-continued and comprehensive work of this char acter been done. The duty of collecting specimens and recordin~ information has fallen chiefly to the lot of :Mr. Vinal N. Edwards, of the Fish Commission, to whose assiduous labors the principal additions to the fish fauna are due. The collection of specimens hal'! been done chiefly with fine-meshed bag seines, about 150 feet long, hauled from the shore in harbors and coves and on the beaches in Vineyard Sound anrl Buzzards Bay. -
Weather Conditions and Currents in Vineyard Sound for the Sonar Worlds
Weather Conditions and Currents in Vineyard Sound for the Sonar Worlds by Rocky Geyer, Woods Hole Oceanographic Inst. and Falmouth Y.C. Cape Cod is famous for moderate temperatures, strong sea breezes and strong tidal currents. The sea breeze is due to the southward orientation of the shoreline, which means that the thermally induced sea breeze is nearly aligned with the prevailing southwesterly gradient wind. This pattern is most common in July and August, when the Bermuda High is strongest. In September, the sea breeze still occurs, but the differential between air and water temperatures is diminished and the Bermuda High is sometimes displaced by weak frontal systems. Southwesterlies are still the most common winds, but they are not typically as strong as mid-summer conditions. Here are the statistics on the wind conditions at Vineyard Haven, several miles from the race course: Average high air temp: 70-72 F (20-22 C) Average low air temp: 54-62 F (12-17 C) Average water temp: 68 F (20 C) Winds: 50% daily peak wind speeds >15 mph (13 kts) 12% daily peak wind speeds >20 mph (17 kts) 50% SSW-W 25% WNW-N 25% N-E The southwesterlies are the steadiest, as they are relatively unobstructed by land and tend to be associated with stable atmospheric conditions. Northwesterlies are puffy and shifty, just like most of the East Coast. Easterlies are also shifty, for reasons that I do not understand. Tidal currents are strong in Vineyard Sound, and particular attention should be paid to the times of slack and maximum currents, as they will have a major infuence on the positions of laylines. -
Waquoit Bay: Prehistory, History, and Natural History by Nancy Church
20 Waquoit Bay: Prehistory, History, and Natural History by Nancy Church Ellen Little and her brother Edward fshing from the beach on Washburn Island in the 1890s. Photo possibly by Edith Little. Courtesy D. W. Bourne. (Reprinted from Te Book of Falmouth.) Anniversaries are milestones and cause for celebration Research Reserve System. WBNERR uses the local and refection. 2013 marks the 25th Anniversary of estuary system as a living laboratory to conduct the creation of the Waquoit Bay National Estuarine and support research and to educate community Research Reserve (WBNERR), an organization members and decision makers across the region. Im- which manages almost 3,000 acres of land and water provements to the headquarters are underway now. in the towns of Mashpee and Falmouth. Work to Tis is an ideal time to revisit the long history of hu- establish the Reserve frst began in 1974 yet it wasn’t man activity around the Bay and the Reserve’s role in until 1988 that the deal was complete and Waquoit protecting coastal resources for future generations. Bay Reserve became part of the National Estuarine Te Reserve is a state and federal partnership between 20 21 the Massachusetts Department of Conservation and across the Cape with increased settlement over time, Recreation (DCR) and the National Oceanic and especially during the Woodland period 1500 to Atmospheric Administration (NOAA). It consists of 1,100 years ago when Native people lived in small the Headquarters and Visitor Center on the former villages or seasonal camps near abundant fresh and Sargent/Swift Estate, the 300 acre Washburn Island, salt water resources. -
Gleason Leonard Archer Correspondence Gleason Leonard Archer 1880-1966
Maine State Library Maine State Documents Maine Writers Correspondence Maine State Library Special Collections 10-31-2014 Gleason Leonard Archer Correspondence Gleason Leonard Archer 1880-1966 Henry Ernest Dunnack 1867-1938 Maine State Library Hilda McLeod Maine State Library Hilda McLeod Jacob Maine State Library Follow this and additional works at: http://digitalmaine.com/maine_writers_correspondence Recommended Citation Archer, Gleason Leonard 1880-1966; Dunnack, Henry Ernest 1867-1938; McLeod, Hilda; and Jacob, Hilda McLeod, "Gleason Leonard Archer Correspondence" (2014). Maine Writers Correspondence. 91. http://digitalmaine.com/maine_writers_correspondence/91 This Text is brought to you for free and open access by the Maine State Library Special Collections at Maine State Documents. It has been accepted for inclusion in Maine Writers Correspondence by an authorized administrator of Maine State Documents. For more information, please contact [email protected]. ARCHER, Gle&son Leonard Great Pond, Maine Oct. 29, 1880 GLEASON L.ARCHER, educator, author; b. Great Pond, Me., Oct. 29, 1880; s. John S. a,nST Frances M. (Williams) A.; grad. high sch., Sabbatus, Me., 1902; student Boston U., 1902-04; LL.B. from law dept. same, 1906; LL.D., Atlanta Law Sch., Atlanta, Ga., 1926: m. Elizabeth G. Snyder of Gilbertville, Mass., Oct. 6, 1906; children - Allan F., Marian G., Norman B. (dec.), Gleason. L. Admitted to Mass. bar, 1906, founded the Suffolk Law Sch. same yr., since dean, treas., and trustee; founded Suffolk Coll. of Liberal Arts, 1934, -
Permissive Trespass." We Shall Use the Term "Permissive Indians and European Seulers
MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from electronic originals (may include minor formatting differences from printed original) Natural ACCESS TO COASTAL AND Resources INLAND WATERS Highlights The Public Use of Private Land An infonnation digest pre Maine is different from other states in the United States, and one of the key differences has to do with pared and distributed by the the access Maine people and out-<Jf-state visitors have to the state's water resources. Maine has: UNIVERSI1Y OF MAINE • a great abundance of marine, lake, and river resources; COOPERATIVE EX1EN a small resident population; SION SERVICE the great bulk ofits land in private ownership; and THE LAND AND WATER RESOURCES CENTER, • a tradition of free and easy access across pri vate.lands. UNIVERSI1Y OF MAINE Will this unique combination of abundant resources and open access continue? As our sborelands THE MAINE MUNICIPAL gradually become developed, as recreation activities and tourism increase, and as traffic builds up on ASSOCIATION our roads, are we moving toward a time when private lands are closed off and the only public access we have will be that available on publicly owned lands? and Tbe answer to this last question is, most likely, No. Urban growth and tourism will undoubtedly THE MAINE/NEW RAMP SIDRE SEA GRANT continue. But as long as we can foresee, Maine people and out-of-state visitors will continue to rely, for their water access, on a muture of public and private lands. -
Outdoor Recreation Recreation Outdoor Massachusetts the Wildlife
Photos by MassWildlife by Photos Photo © Kindra Clineff massvacation.com mass.gov/massgrown Office of Fishing & Boating Access * = Access to coastal waters A = General Access: Boats and trailer parking B = Fisherman Access: Smaller boats and trailers C = Cartop Access: Small boats, canoes, kayaks D = River Access: Canoes and kayaks Other Massachusetts Outdoor Information Outdoor Massachusetts Other E = Sportfishing Pier: Barrier free fishing area F = Shorefishing Area: Onshore fishing access mass.gov/eea/agencies/dfg/fba/ Western Massachusetts boundaries and access points. mass.gov/dfw/pond-maps points. access and boundaries BOAT ACCESS SITE TOWN SITE ACCESS then head outdoors with your friends and family! and friends your with outdoors head then publicly accessible ponds providing approximate depths, depths, approximate providing ponds accessible publicly ID# TYPE Conservation & Recreation websites. Make a plan and and plan a Make websites. Recreation & Conservation Ashmere Lake Hinsdale 202 B Pond Maps – Suitable for printing, this is a list of maps to to maps of list a is this printing, for Suitable – Maps Pond Benedict Pond Monterey 15 B Department of Fish & Game and the Department of of Department the and Game & Fish of Department Big Pond Otis 125 B properties and recreational activities, visit the the visit activities, recreational and properties customize and print maps. mass.gov/dfw/wildlife-lands maps. print and customize Center Pond Becket 147 C For interactive maps and information on other other on information and maps interactive For Cheshire Lake Cheshire 210 B displays all MassWildlife properties and allows you to to you allows and properties MassWildlife all displays Cheshire Lake-Farnams Causeway Cheshire 273 F Wildlife Lands Maps – The MassWildlife Lands Viewer Viewer Lands MassWildlife The – Maps Lands Wildlife Cranberry Pond West Stockbridge 233 C Commonwealth’s properties and recreation activities. -
There Is Only One Cape Cod in All the World. Cape Cod. Warm Sea Breezes, 559.6 Miles (900 Km) of Unspoiled Coastline and Breathtaking Scenic Vistas
There is only one Cape Cod in all the world. Cape Cod. Warm sea breezes, 559.6 miles (900 km) of unspoiled coastline and breathtaking scenic vistas. Generations of families return year after year to reclaim memories of sandcastles, flip flops and fried clams. Others come for the world’s finest beaches or to explore a region steeped in history, arts and culture. Enjoy 15 distinctive towns, exquisite gardens, quaint shops, New England’s best golf, fine dining, superior accommodations and an array of land & sea activities. Location & History Cape Cod is situated less than 2 hours from Boston in Southern New England, at the southeast corner of Massachusetts, stretching approximately 70 miles (112 km) from the Cape Cod Canal to Provincetown’s Race Point. The Cape is 20 miles (32 km) at its widest point and completely surrounded by water. Countless historic sites and landmarks tell the proud role that Cape Cod has played in American history, beginning with the indigenous Wampanoag people and the landfall of the Mayflower in Provincetown in 1620, to the Camelot Days of JFK, as celebrated at the John F. Kennedy Hyannis Museum. The homes of long-ago sea captains dot the Old King’s Highway, the largest contiguous historic district in the United States. Historic lighthouses have lined Cape shorelines for centuries. The John F. Kennedy Museum in Hyannis celebrates the life and times of President Kennedy and his family on Cape Cod. And, at the tip of the Cape, Provincetown proclaims its living history as an artist’s colony and fishing village, including the renown Provincetown Art Association and Museum.