[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: 33CFR329.3] [Page 458] 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. 329.3 General policies. Precise definitions of ``navigable waters of the United States'' or ``navigability'' are ultimately dependent on judicial interpretation and cannot be made conclusively by administrative agencies. However, the policies and criteria contained in this regulation are in close conformance with the tests used by Federal courts and determinations made under this regulation are considered binding in regard to the activities of the Corps of Engineers.