The term "navigable waters" refers to bodies of water in the United States that are capable of being used for interstate or foreign commerce. This includes rivers, lakes, and coastal waters that are deep enough for navigation. The definition encompasses the territorial seas, which are the waters extending up to twelve nautical miles from the baseline of the coast.
In legal practice, "navigable waters" is often used in environmental law, property law, and water rights. It plays a crucial role in determining jurisdiction for federal regulations, particularly under the Clean Water Act and the Rivers and Harbors Act. Understanding this term is essential for individuals and businesses involved in activities such as construction, fishing, or shipping on these waters. Users can manage related legal processes using US Legal Forms templates, which are designed by attorneys to ensure compliance with applicable laws.
Here are a couple of examples of abatement:
For instance, the Mississippi River is considered navigable waters as it supports commercial shipping and transportation. Another example is the Great Lakes, which are also classified as navigable due to their size and depth, facilitating trade and recreation.
Key statutes related to navigable waters include:
Examples of state differences (not exhaustive):
| State | Definition of Navigable Waters |
|---|---|
| California | Includes all waters that are navigable in fact and used for commerce. |
| Florida | Defines navigable waters based on historical use and depth. |
| Texas | Considers waters that are capable of supporting commercial navigation. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Navigable waters | Waters capable of supporting commercial navigation. |
| Waters of the United States | A broader term that includes navigable waters and other bodies of water under federal jurisdiction. |
| Wetlands | Areas where water covers the soil or is present near the surface, which may be adjacent to navigable waters. |
If you are involved in activities related to navigable waters, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and type of permit; consult local authorities. |
| Jurisdiction | Federal and state laws apply. |
| Possible Penalties | Fines and legal action for non-compliance with regulations. |
Navigable waters are bodies of water that can support commercial navigation, including rivers and lakes.