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 ?
Petitioner PPL Montana (PPL) raised three narrow challenges to the Montana Supreme Court's approach to determining navigability for title: first, whether the Montana court focused on the navigability of particular river segments rather than the river as a whole; second, whether the Montana court erred by considering evidence of current-day navigability as probative of navigability at statehood; and third, whether the Montana court employed too liberal a standard for navigability.
Part III begins by evaluating whether the normative legal distinctions between the different types of navigability, as pronounced by leading admiralty scholars and the Supreme Court in Kaiser Aetna v.
Ease of navigability is especially important in environments where there are many doors separating many diverse climate-controlled environments.
In keeping with AMHCA's mission "To enhance the profession of mental health counseling through licensing, advocacy, education and professional development," the Kentucky Mental Health Counselors Association (KMHCA) renovated its website to improve ease of use and navigability for its chapter members.
The Qtel Portal was named as the Best e-Business website in the Arab World, with the judges praising the site for the range of resources made available through the site, as well as its easy navigability and clear architecture.
The redesigned department features a new layout for easier navigability and greater use of high-impact visuals.
Accenture's research shows insurers finished last in a head-to-head comparison of 30 major industries in key Web criteria including navigability, clear pricing information, engaging delivery, detailed product support, effective self-help and ease of purchase.
Part II of the report, detailed here, estimates the specific costs of (1) addressing each 508 standard and other accessibility and navigability issues; and (2) providing training and support for alternate media personnel, faculty, and students to ensure courses are being made accessible.
Neither a federal permit authorizing one-time BoR dredging in 1999-2000, nor any statutory or other legal requirements, impose a duty on BoR to maintain the navigability of Laughlin Lagoon's access channels.
New design features of the website include enhanced navigability; an improved internal search engine; upgraded events and press section; enhanced UATP information for issuers, merchants and corporate customers; and information available in several micro-sites in Chinese, French, German, Japanese, Portuguese and Spanish.
1870) that would have greatly expanded the scope of the Clean Water Act by applying it to all waters in the United States regardless of their navigability. Although it is unclear whether such legislation will be reintroduced, one of the key sponsors, Rep.