Included are waterways of maritime character , waterways designated by the reporting country as suitable for navigation primarily by seagoing ships. A waterway is a river, canal, lake or other stretch of water, that is not part of the sea, which through natural or man-made features is suitable for navigation. This term includes both navigable rivers and lakes and navigable canals.
Lakes and rivers are generally considered navigable waters, but smaller bodies of water may also be navigable. Using these tests, courts have held that bodies of water much smaller than lakes and rivers also constitute navigable waters. This final rule establishes the scope of federal regulatory authority under the Clean Water Act.
The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. While the territorial status continues, the United States has power to convey property rights, such as rights in soil below the high-water mark along navigable waters, or the right to fish in designated waters, which will be binding on the state.
Since the stream is a navigable one, the elevations of land adjacent to its bed, which hold its navigable waters in place, and to which boats might be tied or anchored, and wharves or other instrumentalities of navigation attached, are its banks So when the statute says that the average width shall be 30 feet between the banks, it does not mean the space covered by the water at low tide or flow, but the entire bed of the stream as above defined. In this case the court held that the creek involved was navigable by statute.
The fact that at times and places there may be some distance between the bordering banks which limit the survey lines, and the water does not militate against the right of the riparian owner to have access to the water. Motl v. In a case involving the North and South Forks of the Guadalupe River, a question was raised because the streams were measured to be less than 30 feet wide for short reaches just above their mouths before they became substantially wider farther upstream.
The court stated:. Several witnesses testified as to the width of the river and the general import of their testimony is that the width of the river substantially exceeds thirty feet. The statute provides no precise method of measurement for determining if a stream maintains an average width of thirty feet from the mouth up.
We have found no case which absolutely mandates any certain method be used. The question of navigability of a stream is ultimately to be decided by the courts.
See State v. Bradford, Tex. Overview of Stream Navigation Law. Navigable in Fact A number of criteria have been suggested for whether a stream is navigable in fact. Samuels, S. Article Contents:. Introduction Frequently asked questions What is considered a public stream? How do I determine the boundary of a streambed? What if the stream is dry? What is a public lake? But doesn't the state own the waters of ALL lakes and flowing streams, plus the fish that live there?
Some landowners in my county have deeds to the riverbed. Can they exclude the public from their part of the river? Is it lawful to hunt or target shoot in or on a public lake or stream? May a boater on a navigable stream lawfully go onto private land to check out or portage around an obstruction or hazard? Is it lawful to fence a stream?
Is it legal to fish from a highway bridge, or in the highway right of way? Can a marina operator or lakeside landowner keep boaters away from his docks? What are the rules on the coast? Conclusion Endnotes. Q: What is considered a public stream?
Q: How do I determine the boundary of a streambed? Q: What if the stream is dry? Q: What is a public lake? Q: Is it lawful to fence a stream? Q: Is it legal to fish from a highway bridge, or in the highway right of way?
Q: Can a marina operator or lakeside landowner keep boaters away from his docks? Endnotes 1. Motl v. Boyd, S. Manry v. Robinson, 56 S. Code Ch. Water Code Sec. Penal Code Sec.
See Tex. S and cases cited therein.
0コメント