[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: 33CFR329.11]

[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. 329.11  Geographic and jurisdictional limits of rivers and lakes.

    (a) Jurisdiction over entire bed. Federal regulatory jurisdiction, 
and powers of improvement for navigation, extend laterally to the entire 
water surface and bed of a navigable waterbody, which includes all the 
land and waters below the ordinary high water mark. Jurisdiction thus 
extends to the edge (as determined above) of all such waterbodies, even 
though portions of the waterbody may be extremely shallow, or obstructed 
by shoals, vegetation or other barriers. Marshlands and similar areas 
are thus considered navigable in law, but only so far as the area is 
subject to inundation by the ordinary high waters.
    (1) The ``ordinary high water mark'' on non-tidal rivers is the line 
on the shore established by the fluctuations of water and indicated by 
physical characteristics such as a clear, natural line impressed on the 
bank; shelving; changes in the character of soil; destruction of 
terrestrial vegetation; the presence of litter and debris; or other 
appropriate means that consider the characteristics of the surrounding 
areas.
    (2) Ownership of a river or lake bed or of the lands between high 
and low water marks will vary according to state law; however, private 
ownership of the underlying lands has no bearing on the existence or 
extent of the dominant Federal jurisdiction over a navigable waterbody.
    (b) Upper limit of navigability. The character of a river will, at 
some point along its length, change from navigable to non-navigable. 
Very often that point will be at a major fall or rapids, or other place 
where there is a marked decrease in the navigable capacity of the river. 
The upper limit will therefore often be the same point traditionally 
recognized as the head of navigation, but may, under some of the tests 
described above, be at some point yet farther upstream.