[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: 33CFR329.5]



[Page 467]

 

                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.  329.5  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.