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.
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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.
navigable water on the Outer Continental Shelf ("OCS"),
navigable water, interstate water, or the territorial seas.
A major controversy with respect to the final rule is that the EPA defined its jurisdiction over waters with a "significant nexus" to any navigable water. It defines a significant nexus as any water that "significantly affects the chemical, physical, or biological integrity" of downstream waters under the agencies' 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.
[W]aters located within the 100-year floodplain of a traditional navigable water, interstate water, or the territorial seas, and waters located within 4,000 feet from the high tide line or the ordinary high water mark of traditional navigable waters, interstate waters, the territorial seas, impoundments, or covered tributaries may be found to have a significant nexus on a case-specific basis, but the agencies have not made a determination that the waters are "similarly situated." (149) The final rule makes one additional change of significant import to the logical outgrowth analysis.
The 1972 federal Clean Water Act made it illegal to pollute "navigable waters of the United States." The rule is supposed to clarify what could be defined as "navigable water."
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. (18)