[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR329.10]



[Page 469]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 329_DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES--Table of 

Contents

 

Sec.  329.10  Existence of obstructions.



    A stream may be navigable despite the existence of falls, rapids, 

sand bars, bridges, portages, shifting currents, or similar 

obstructions. Thus, a waterway in its original condition might have had 

substantial obstructions which were overcome by frontier boats and/or 

portages, and nevertheless be a ``channel'' of commerce, even though 

boats had to be removed from the water in some stretches, or logs be 

brought around an obstruction by means of artificial chutes. However, 

the question is ultimately a matter of degree, and it must be recognized 

that there is some point beyond which navigability could not be 

established.