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. § 329.5

General scope of determination

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The several factors which must be examined when making a determination whether a waterbody is a navigable water of the United States are discussed in detail below. Generally, the following conditions must be satisfied:

(a) Past, present, or potential presence of interstate or foreign commerce;

(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and

(c) Defined geographic limits of the waterbody.

Notes of Decisions
Cited in 2 cases, 2002–2002 · leading case: United States v. RGM Corp., 222 F. Supp. 2d 780 (E.D. Va. 2002).
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United States v. RGM Corp., 222 F. Supp. 2d 780 (E.D. Va. 2002). “260(b) (1974), 33 C.F.R. 329.5 (1986). The 1986 regulations distinguish the applicability of the term “navigable waters” from the term “waters of the United States.”
United States v. Newdunn Assocs., 195 F. Supp. 2d 751 (E.D. Va. 2002). “260(b) (1974), 33 C.F.R. 329.5 (1986). 7 . The 1986 regulations use the following definition for "waters of the United States”: (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters…”
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