Information AboutNavigable |
| CATEGORIES ABOUT NAVIGABILITY | |
| water transport | |
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In addition, navigable waters of the United States, as defined in 33 CFR 329, are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Section 10 of the Rivers and harbors Act approved March 3, 1899 (33 U.S.C. 403)prohibits the unauthorized obstruction or a a navigable water of the U.S. This statute also requires a permit from the U.S. Army Corps of Engineers for any construction in or over any navigable water, or the excavation or discharge of material into such water, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters. Also, the Clean Water Act uses the term "navigable waters," "navigable waters of the United States" and "navigablity." These terms are dependent on judicial interpretation and are somewhat more flexible currently, in light of a U.S. Supreme Court decision on two joined cases: "Carabell vs United States" and "Rapanos vs United States. "http://www.usace.army.mil/cw/cecwo/reg/cwa_guide/cwa_guide.htm |
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