I think if the waterway "dead-ends" into the landowner's property, he has a right to gate the waterway. However if said waterway is a passage of sort between 2 public water bodies, He cannot gate it. As in Statute 9: title 1254:
"The owner of an enclosed estate who has no access to his estate other than by way of an existing waterway passing through neighboring property shall have a right and servitude of passage on such waterway. The existing waterway passing through the neighboring property shall be directly accessible from a publicly navigable waterway, and shall have been and shall still be capable of use for navigation by the owner of either the dominant or servient estate at the time of acquisition by act of sale, inheritance, or otherwise, by the owner of the dominant estate."
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