[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: 33CFR329.7]

[Page 459]
 
                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. 329.7  Intrastate or interstate nature of waterway.

    A waterbody may be entirely within a state, yet still be capable of 
carrying interstate commerce. This is especially clear when it 
physically connects with a generally acknowledged avenue of interstate 
commerce, such as the ocean or one of the Great Lakes, and is yet wholly 
within one state. Nor is it necessary that there be a physically 
navigable connection across a state boundary. Where a waterbody extends 
through one or more states, but substantial portions, which are capable 
of bearing interstate commerce, are located in only one of the states, 
the entirety of the waterway up to the head (upper limit) of navigation 
is subject to Federal jurisdiction.