C.F.R. » Title 33 » CHAPTER II—CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE › PART 329—DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

33 C.F.R. § 329.13

Geographic limits: Shifting boundaries

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Permanent changes of the shoreline configuration result in similar alterations of the boundaries of the navigable waters of the United States. Thus, gradual changes which are due to natural causes and are perceptible only over some period of time constitute changes in the bed of a waterbody which also change the shoreline boundaries of the navigable waters of the United States. However, an area will remain “navigable in law,” even though no longer covered with water, whenever the change has occurred suddenly, or was caused by artificial forces intended to produce that change. For example, shifting sand bars within a river or estuary remain part of the navigable water of the United States, regardless that they may be dry at a particular point in time.

Notes of Decisions
Cited in 2 cases, 1984–2005 · leading case: Banks v. United States, 68 Fed. Cl. 524 (Fed. Cl. 2005).
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Banks v. United States, 68 Fed. Cl. 524 (Fed. Cl. 2005). · cites it 2× “See 33 C.F.R § 329.13. The naturally occurring, permanent changes in a lake bed which affect shoreline boundaries may also impact the navigational servitude contemplated in 33 C.”
United States v. Ciampitti, 615 F. Supp. 116 (D.N.J. 1984). “8 (a)(1) (determination of navigability not limited to natural or original condition of waterbody; a canal or other artificial water body that is subject to ebb and flow of the tide is a navigable water); see also 33 C.F.R. § 329.13 (b). Therefore, as to these ditches, a…”
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