33 CFR 329.9 - Time at which commerce exists or determination is made

Cite as33 CFR 329.9
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2 practice notes
  • Revised Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department,Defense Department
    • Invalid date
    ...not extinguished by later actions or events which may impede or destroy navigable capacity.'' 33 CFR 329.4. The rule is expanded upon in 33 CFR 329.9 and 329.13: ``an area will remain `navigable in law,' even though no longer covered with water, whenever the change has occurred suddenly, or......
  • Palm Beach Isles Associates v. United States, 120503 uscc, 93-654L
    • United States
    • 5 Diciembre 2003
    ...Power Co., 311 U.S. at 407, 416; Weiszmann v. Dist. Eng'r, United States Army Corps of Eng'rs, 526 F.2d at 1305; 33 C.F.R. §§ 329.6(a), 329.9(b). If capability of a waterbody for use in transportation and commerce is competent to support navigability, then the preservation of capacity for s......
1 cases
  • U.S. v. Harrell, No. 89-7432
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 15 Marzo 1991
    ...is not presently used for commerce, or is presently incapable of use because of changed conditions or the presence of obstructions. 33 C.F.R. Sec. 329.9(a). And, "[n]avigability also may be found in a waterbody's susceptibility for use in its ordinary condition or by reasonable improvement ......
1 provisions
  • Revised Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department,Defense Department
    • Invalid date
    ...not extinguished by later actions or events which may impede or destroy navigable capacity.'' 33 CFR 329.4. The rule is expanded upon in 33 CFR 329.9 and 329.13: ``an area will remain `navigable in law,' even though no longer covered with water, whenever the change has occurred suddenly, or......

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