Who owns flood waters that are above the highest ordinary flow?

The correct response is that flood waters above the highest ordinary flow are owned by the state or public. This principle is rooted in water law, which typically designates navigable waters and floodwaters as a public resource. Since these waters can influence public safety and property, they are generally managed by the state, entrusting it to regulate and oversee their use, including aspects like flood control and water resource management.

Private landholders do not own these waters because they fall under the classification of public waters that can affect the community beyond the boundaries of individual properties. Local municipalities may have authority over certain aspects of water management within their jurisdiction, but they do not own flood waters above the highest ordinary flow. Similarly, the federal government has some regulatory power concerning water resources, particularly in relation to flood management, but ownership of these specific waters remains with the state.