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
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), 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.
150) Under this standard, the Eighth Circuit determined that the Corps had jurisdiction over the land in question because Bailey built the road on wetlands immediately beside the Lake of the Woods, which is a navigable water.
discharge from a point source to navigable water may be regulated under
Part VI posits that an interpretation that would best achieve the legislative purpose of section 402 of the CWA would be one that defines "addition" as any discharge from a point source from one "meaningfully distinct" navigable water to another "meaningfully distinct" navigable water.
9) The United States District Court for the District of Massachusetts found that the hydrological connection between the three wetlands and the navigable water established a sufficient basis for CWA jurisdiction and granted summary judgment in favor of the government.
The term navigable waters, is broadly defined in federal regulations, and includes non navigable water and wetlands.
The rule also allows waters determined to have a "significant nexus" to any navigable water to fall within the CWA's jurisdiction.
Montana legislators are mulling a bill that would ban fossil fuel pipelines with a diameter of 10 inches or greater from going under navigable water bodies.
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.