General definition
| Currency | Current through May 31, 2023 |
| Citation | 33 C.F.R. §329.4 |
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5 cases
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United States v. Abbott
...and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce." 33 C.F.R. § 329.4. The Corps acknowledges that "[p]recise definitions of 'navigable waters of the United States' or 'navigability' are ultimately dependent o......
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United States v. Abbott
...the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity. 33 C.F.R. § 329.4. Prior to the passage of the RHA, the Supreme Court defined navigable waters as those "used, or are susceptible of being used, in their ordin......
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United States v. Abbott
...over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.733 C.F.R § 329.4. The Corps' regulations envisage courts making determinations of navigability, admitting that "[p]recise definition of 'navigable waters'......
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United States v. Andrews
...at 8; Mr. Stokley's Report at 7, which are subject to the ebb and flow of the tide and are therefore "navigable water[s]." See id.; 33 C.F.R. § 329.4. Moreover, the Farm River, Long Island Sound, and the Atlantic Ocean "were used in the past, or may be susceptible to use, in interstate or f......
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