[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR328.1]

[Page 455-456]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 328--DEFINITION OF WATERS OF THE UNITED STATES--Table of Contents
 
Sec. 328.1  Purpose.

    This section defines the term ``waters of the United States'' as it 
applies to the jurisdictional limits of the authority of the Corps of 
Engineers under the Clean Water Act. It prescribes the policy, practice, 
and procedures to be used in determining the extent of jurisdiction of 
the Corps of Engineers concerning ``waters of the United States.'' The 
terminology used by section 404 of

[[Page 456]]

the Clean Water Act includes ``navigable waters'' which is defined at 
section 502(7) of the Act as ``waters of the United States including the 
territorial seas.'' To provide clarity and to avoid confusion with other 
Corps of Engineer regulatory programs, the term ``waters of the United 
States'' is used throughout 33 CFR parts 320 through 330. This section 
does not apply to authorities under the Rivers and Harbors Act of 1899 
except that some of the same waters may be regulated under both statutes 
(see 33 CFR parts 322 and 329).