Under the common law doctrine of riparian rights, the owners of land bordering a creek or river own the bed and minerals (sand, gravel, etc.) within the boundaries of their property. The riparian owners have the right to access and extract these minerals for their personal use.
Some minerals, particularly those considered to be of significant value or strategic importance, are owned by the state of Alabama. These minerals may include certain metals, such as gold and silver, and certain rare earth elements. In such cases, the state retains the mineral rights, and any exploration or extraction activities require authorization and permits from the state.
In some instances, landowners may lease their mineral rights to mining companies or other entities interested in extracting minerals from creeks or rivers. These leases grant the lessee the exclusive right to explore and extract specific minerals for a specified period and subject to agreed-upon terms.
The federal government has jurisdiction over navigable waterways in the United States. Navigable waters include creeks or rivers that are used or are capable of being used for interstate or foreign commerce. In such cases, the mineral rights within the navigable waters may be subject to federal regulations and management.
It's worth noting that mineral ownership and rights in creeks and rivers can be complex and subject to specific regulations and laws. Additionally, the exact boundaries and extent of mineral ownership may depend on historical property deeds, court rulings, and other legal considerations. To ensure accuracy and compliance with applicable regulations, it is always advisable to consult with legal professionals or relevant government agencies for specific information regarding mineral ownership in creeks and rivers in Alabama.
