Riparian Rights – Avulsion

Title to riparian lands runs to the thread of the contiguous stream. Anderson v. Cumpston, 258 Neb. 891, ___ N.W.2d ___ (2000). Under conditions when changes to a main river channel made by water flowing around intervening land to gradually deepen an smaller channel which was on the other side of an island until it becomes the main channel, the previously established boundary remains designated as the main channel. Cofer v. Kuhlmann, 214 Neb. 341, 333 N.W.2d 905 (1983); Valder v. Wallis, 196 Neb. 222, 242 N.W.2d 112 (1976); Durfee v. Keiffer, 168 Neb. 272, 95 N.W.2d 618 (1959); State v. Ecklund, 147 Neb. 508, 23 N.W.2d 782 (1946).

The applicability of the law of avulsion is not dependent upon the navigability of the waterway. Anderson v. Cumpston, 258 Neb. 891, ___ N.W.2d ___ (2000).