[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR321.2]

[Page 405]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 
                                 DEFENSE
 
PART 321_PERMITS FOR DAMS AND DIKES IN NAVIGABLE WATERS OF THE UNITED STATES--
 
Sec.  321.2  Definitions.

    For the purpose of this regulation, the following terms are defined:
    (a) The term navigable waters of the United States means those 
waters of the United States that are subject to the ebb and flow of the 
tide shoreward to the mean high water mark and/or are presently used, or 
have been used in the past, or may be susceptible to use to transport 
interstate or foreign commerce. See 33 CFR part 329 for a more complete 
definition of this term.
    (b) The term dike or dam means, for the purposes of section 9, any 
impoundment structure that completely spans a navigable water of the 
United States and that may obstruct interstate waterborne commerce. The 
term does not include a weir. Weirs are regulated pursuant to section 10 
of the Rivers and Harbors Act of 1899. (See 33 CFR part 322.)