Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 33 - Navigation and Navigable Waters |
Chapter II - Corps of Engineers, Department of the Army, Department of Defense |
Part 329 - Definition of Navigable Waters of the United States |
§ 329.10 - Existence of obstructions.
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§ 329.10 Existence of obstructions.
A stream may be navigable despite the existence of falls, rapids, sand bars, bridges, portages, shifting currents, or similar obstructions. Thus, a waterway in its original condition might have had substantial obstructions which were overcome by frontier boats and/or portages, and nevertheless be a “channel” of commerce, even though boats had to be removed from the water in some stretches, or logs be brought around an obstruction by means of artificial chutes. However, the question is ultimately a matter of degree, and it must be recognized that there is some point beyond which navigability could not be established.