[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: 33CFR329.3]

[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 
 
Sec.  329.3  General policies.

    Precise definitions of ``navigable waters of the United States'' or 
``navigability'' are ultimately dependent on judicial interpretation and 
cannot be made conclusively by administrative agencies. However, the 
policies and criteria contained in this regulation are in close 
conformance with the tests used by Federal courts and determinations 
made under this regulation are considered binding in regard to the 
activities of the Corps of Engineers.