[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: 33CFR329.10]

[Page 460]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 329--DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES--Table of Contents
 
Sec. 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.