[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: 33CFR329.5]

[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. 329.5  General scope of determination.

    The several factors which must be examined when making a 
determination whether a waterbody is a navigable water of the United 
States are discussed in detail below. Generally, the following 
conditions must be satisfied:
    (a) Past, present, or potential presence of interstate or foreign 
commerce;
    (b) Physical capabilities for use by commerce as in paragraph (a) of 
this section; and
    (c) Defined geographic limits of the waterbody.