If the waters of navigable streams are impounded behind a dam, what rights do the public retain?

When waters of navigable streams are impounded behind a dam, the public retains certain rights regarding the use of those waters. The significant aspect here is that the public has the right to use or fish in the waters that were once navigable. This stems from the legal principles governing navigable waters, which assert that these waters are held in public trust. Therefore, the public retains the right to access and use the water for recreational purposes, such as fishing, even if the characteristic of the stream has changed due to the construction of the dam.

The incorrect options involve misunderstandings about property rights and public access in relation to water bodies. Access to the land beyond the gradient boundary is not granted simply because the waters have been dammed, as it can lead to private property encroachment. Similarly, the right to cross private land near the dam is generally not guaranteed, as individuals must respect private property laws. Lastly, the notion of owning land beyond the dam does not align with public trust principles; ownership extends only to high water marks, not beyond them, which reinforces the idea that the public's rights are about use, rather than ownership or land access.