navigable waters

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navigable waters

According to the Code of Federal Regulations section dealing with the U.S. Army Corps of Engineers (www.usace.army.mil/), which is given jurisdiction over them, navigable waters are “those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the water body, and is not extinguished by later actions or events which impede or destroy navigable capacity.”Property owners wishing to build boat piers or other structures extending into navigable waters must obtain a permit from the Department of the Army.

References in periodicals archive ?
The current law of navigability not only suffers from transparency problems, but also creates confusion amongst the people and the States because the law of navigability is primarily a standards-based body of law, while it should be rule-based.
One way states provide for public use of water is by allowing a public floatage easement over waters navigable-in-fact but not meeting the federal title navigability test.
52) Clement, said the court, was decided by a state supreme court that knew the law and relied on decisions from other states that had settled on navigability, rather than ebb and flow, as the test for defining sovereignty lands, (53) and while "no Florida supreme court has actually held a nonnavigable tideland to be sovereignty land .
Given this pedigree, to borrow from the poet Coleridge, wherefore should we stop today to question the relevance of navigability to constitutional law?
MTaI also recommends differentiation of Coronary Stents based on various parameters like Morbidity, Restenosis, Navigability amongst others.
According to him, we are poised to ensure the navigability of the city, economic vibrancy as well as improved service delivery across the board.
The minister said the government will scale up investments to provide sustained navigability of the country's waterways, modernize existing river ports, build new ports and multimodal logistics centres to improve cargo and passenger handling, and ensure efficiency and safety of all vessels plying in rivers.
Complete website design solutions are available for developing websites that offer swift download, enhanced user-experience, increased accessibility and navigability over a range of mobile devices.
Congress wants the SEC "to further scale or eliminate" the burden on emerging growth companies, accelerated filers, and smaller reporting companies as well as for all companies to eliminate provisions "that are duplicative, overlapping, outdated, or unnecessary; and improve the readability and navigability of disclosure documents so as to discourage repetition and the disclosure of immaterial information.
The design, said the researchers, would give the plane buoyancy and navigability when landing and taking off from the water, while reducing drag when in the air.
UKPRwire, Tue Apr 14 2015] Lock Booster updates its user interface in order to improve the application navigability and user experience.
Compared to previous versions of the WEB device family, the SL family offers a lower delivery profile, improved navigability, and enhanced visualization.