Ordinary High Water Line

[FOSTER]

If your client owns a Lot X in a Tract 1234 with the Tract depicting the Approximate Ordinary High Water Line from January of 1928 and the Trust Transfer Deed in Exhibit "A" states Lot X Tract 1234 excepting therefrom any portions of said land lying Southerly of the line of the Ordinary High Tide of the Pacific Ocean (Not using the word Approximate here). Is the surveyor or engineer obligated to establish the Ordinary High Tide Line of the year of the survey? Or does the surveyor or engineer simply take the position of the existing 1928 Tract Map and note the same Approximate Ordinary High Water Line?

[E_Page]

If the shore is in a natural state, that is, unaffected by man-made structure(s) that alter the normal erosion and accretion that would occur along the shore, you would locate the MHTL as it exists now.

If the shore is affected by artificial influence, the OHWM, or MHTL that would define the edge of the upland parcel would be the last natural location of the MHTL.

The meander lines on the map are not the property lines unless they are the best evidence of the last natural location of the OHWM affected by artificial influence.

[FOSTER]

Thank you Mr. Evan Page really appreciate your input.