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 ?
Also, the case-by-case determinations of WOTUS are now limited to waters that are in one of five categories (prairie potholes, Carolina bays and Delmarva bays, pocosins, Western vernal pools, and Texas coastal prairie wetlands), waters within the 100-year floodplain of a traditionally navigable water, or water within 4000 feet of the high tide line or ordinary high water mark of a traditionally navigable water.
received English law was in the definition of navigable waters to
Waddell's Lessee that once navigability for title was determined, state ownership of lands submerged by navigable waters was fundamental to state sovereignty, subject only to powers ceded by the states to the federal government in the Constitution:
140) Instead, it notified its field officers that they "should continue to assert jurisdiction over traditional navigable waters .
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.
An "effluent limitation" is "any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters.
Briefly, an employee's occupation must be considered "integral" to the unloading/loading or shipbuilding/ship repair processes (status) and he must be working over the navigable waters of the U.
Importantly, Iridium is the only CSP offering LRIT coverage over all the world's navigable waters, including Sea Area A4, which encompasses Polar waters above 70 degrees latitude.
It's an outdated term from earlier legislation that allows CWRA opponents to convince everyone from hunters to farmers that the CWRA is a gross expansion of the CWA's original authority, ballooning jurisdiction from navigable waters to all waters of the U.
Gillis offers more than 30 years of thought and experience in this text on international and municipal navigable waters issues.