Navigable


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NAVIGABLE. Capable of being navigated.
     2. In law, the term navigable is applied to the sea, to arms of the sea, and to rivers in which the tide flows and reflows. 5 Taunt. R. 705; S. C. Eng. Com. Law Rep. 240; 5 Pick. R. 199; Ang. Tide Wat. 62; 1 Bouv. Inst. n. 428.
     3. In North Carolina; 1 M'Cord, R. 580; 2 Dev. R. 30; 3 Dev. R. 59; and in Pennsylvania; 2 Binn. R. 75; 14 S. & R. 71; the navigability of a river does not depend upon the ebb and flow of the tide, but a stream navigable by sea vessels is a navigable river.
     4. By the common law, such rivers as are navigable in the popular sense of the word, whether the tide ebb and flow in them or not, are public highways. Ang. Tide Wat. 62; Ang. Wat. Courses, 205 1 Pick. 180; 5 Pick. 199; 1 Halst. 1; 4 Call, 441: 3 Blackf. 136. Vide Arm of the sea; Reliction; River.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Hence, the agencies believe the proposed rule will respect state regulation of local waters "while protecting the nation's navigable waters as intended by Congress when it enacted the Clean Water Act."
The definition of "navigable waters" is therefore crucial to determining whether a permit is required.
Discharges into groundwater connected to navigable waters
Louis, said the standard for determining whether the water is navigable generally is whether the body of water in its current condition is capable of supporting interstate commerce.
To fall within the scope of the Clean Water Act, the waterway must be navigable and used in interstate commerce.
wetlands" and "other waters" that, while not navigable in
Based on this term, within the WOTUS rule the EPA assumed that there would be many waterways that automatically pass the "significant nexus test," for example tributaries to rivers and streams that "aren't necessarily navigable in the traditional sense, but they go right into navigable waters; therefore the test is passed," Kindred says.
In April 2014, the EPA and USACE attempted to clarify and redefine "waters of the United States" to include isolated water bodies and other water bodies with a hydrological connection to traditional navigable waters.
The EPA always believed its jurisdiction stretched beyond traditional navigable waters, like rivers and seas, to the smaller bodies of water and wetlands that can affect them, but it didn't have a strong legal basis to prove it.
An especially unique feature to the guide, is information about some of the lesser known creeks and tributaries that are all navigable by dinghy, shallow draught small craft and kayak, and will mean you can discover some of the more hidden places that are well worth a look.
The CWA prohibits facilities from discharging pollutants into "navigable waters" without a federal permit, and "navigable waters" are protected under the CWA, which defines these waters as "Waters of the U.S."