[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: 33CFR329.4]

[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. 329.4  General definition.

    Navigable waters of the United States are those waters that are 
subject to the ebb and flow of the tide and/or are presently used, or 
have been used in the past, or may be susceptible for use to transport 
interstate or foreign commerce. A determination of navigability, once 
made, applies laterally over the entire surface of the waterbody, and is 
not extinguished by later actions or events which impede or destroy 
navigable capacity.