33 C.F.R. § 329.10
Existence of obstructions
A stream may be navigable despite the existence of falls, rapids, sand bars, bridges, portages, shifting currents, or similar obstructions. Thus, a waterway in its original condition might have had substantial obstructions which were overcome by frontier boats and/or portages, and nevertheless be a “channel” of commerce, even though boats had to be removed from the water in some stretches, or logs be brought around an obstruction by means of artificial chutes. However, the question is ultimately a matter of degree, and it must be recognized that there is some point beyond which navigability could not be established.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1997–2026 · leading case: Atlanta Sch. of Kayaking, Inc. v. Douglasville-Douglas Cnty. Water & Sewer Auth., 981 F. Supp. 1469 (N.D. Ga. 1997).
Atlanta Sch. of Kayaking, Inc. v. Douglasville-Douglas Cnty. Water & Sewer Auth., 981 F. Supp. 1469 (N.D. Ga. 1997). “33 C.F.R. § 329.10 . Additionally, the Court believes that the fact that the United States Army Corps of Engineers permitted the construction of the Reservoir pursuant to the Rivers and Harbors Act, 33 U.”
Spellmon (M.D. La. 2026). “” The Corps responds that under its understanding of navigability, as informed by 33 C.F.R § 329.10, it considered the Miller Structure to have only a minimal impact on navigation.”
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