navigable water

navigable water,

in the broadest sense, a stream or body of water that can be used for commercial transportation. When, as in the early common law, the term is restricted to waters affected by tides, it denotes only the open sea and tidal rivers. In most U.S. jurisdictions the definition tends to include any body of water that may be put to public use, e.g., streams that can be used only for logging and for small pleasure boats would still be considered navigable. In the United States each state determines what private use may be made of wholly intrastate navigable waters (see water rightswater rights,
in law, the qualified privilege of a landowner to use the water adjacent to or flowing through his property. The privilege, also known as riparian rights, may be modified or even denied because of the competing needs of other private-property holders or of the
..... Click the link for more information.
), but the federal government alone has authority over navigable interstate and international waters. In general, if the water is of restricted navigability, the right of public use is strictly confined to transporting goods; use of the water for irrigation, power, and the like is limited to the abutting landowners.
References in classic literature ?
A succession of navigable waters forms a kind of chain round its borders, as if to bind it together; while the most noble rivers in the world, running at convenient distances, present them with highways for the easy communication of friendly aids, and the mutual transportation and exchange of their various commodities.
In all the parts of the world washed by navigable waters our relation to each other would be the same--and more intimate than there are words to express in the language.
During extreme tides these areas will provide the best action and are often the only safe navigable water around.
In a change from the proposed rule, the agencies in the final rule also assert jurisdiction over wetlands adjacent to tributaries of navigable waters for the first time by defining how far they are located from a navigable water or its tributary.
ACA also stated that the expansive WOTUS definition would trigger greater regulatory obligations in regard to federal permitting programs, and the new broad and vague definitions would allow for significantly more waters to be connected and eventually lead to a traditional navigable water, so that businesses will face tremendous difficulty determining which waters meet the WOTUS definition.
And the entire Birmingham Canal Navigations system - a network connecting Birmingham, Wolverhampton and the eastern part of the Black Country - has 114 miles of navigable water.
17) The Supreme Court rejected this argument, holding that the pond was in no sense navigable water.
146) The expanding United States, by contrast, had thousands of miles of "public navigable water .
9) The location part of the test requires a court to determine whether the tort occurred on navigable waters or was caused by a vessel on navigable water.
ACA also believes the expansive WOTUS definition would trigger greater regulatory obligations in regard to federal permitting programs, and the new broad and vague definitions would allow for significantly more waters to be connected and eventually lead to a traditional navigable water so that businesses will face tremendous difficulty determining which waters meet the WOTUS definition.
at 288 (upholding state approval of dam on navigable water so long as Congress had passed no law to the contrary); Gilman v.
A fifth member of the court issued an opinion that agreed with the plurality's decision to remand the case for more fact-finding, but expressed the view that federal jurisdiction should not obtain unless the wetlands "significantly affect the chemical, physical, and biological integrity" of a traditionally navigable water, a so-called "significant nexus.