navigable waters


Also found in: Dictionary, Thesaurus, Legal, Idioms.

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 court ruled that this approach could not be reconciled with the legislative authority for regulating navigable waters under the CWA.
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.
compensation statutes to maritime workers injured on navigable waters.
6) In 1871, the Supreme Court interprets the term "navigable waters of the United States" in connection with a federal statute providing for inspection of vessels transporting merchandise or passengers on the navigable waters of the United States.
In Totemoff, the court found that the State retained full jurisdiction over navigable waters because such jurisdiction had been granted to the State in the Submerged Lands Act and because there was no clear statement in ANILCA to "alter this traditional allocation of state and federal power.
First, is title to the beds of navigable waters an issue of federal or state law?
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.
Army Corps of Engineers has issued the required "Section 10 Permit" authorizing Buccaneer's use of a jack-up rig in the navigable waters of the Cook Inlet for the planned exploration activities.