[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: 33CFR329.7]



[Page 468]

 

                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.  329.7  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.