navigable

See navigable waters

@ navigable in fact

Streams or lakes are navigable in fact when they are used or are susceptible of being used in their natural and ordinary condition as highways for commerce over which trade and travel are or may be conducted in the customary modes of trade and travel on water. Taylor Fishing Club v. Hammett, Tex.Civ. App., 88 S.W.2d 127, 129.

See also navigable waters

@ navigable river

@ navigable stream

@ navigable river or stream

navigable river or stream

At common law, a river or stream in which the tide ebbs and flows, or as far as the tide ebbs and flows. But as to the definition in American law, see navigable waters

@ navigable sea

The "navigable sea" is divided into three zones:

(1) nearest to the nation's shores are its internal or "inland waters";

(2) beyond the inland waters, and measured from their seaward edge, is a belt known as the marginal or "territorial sea"; and

(3) outside the territorial sea are the "high seas". U.S. v. State of La., 394 U.S. 11, 89 S.Ct. 773, 780, 788, 22 L.Ed.2d 44

@ navigable waters

Those waters which afford a channel for useful commerce. Any body of water, navigable in fact, which by itself or by uniting with other waters forms a continuous highway over which commerce may be carried on with other states or countries. United States v. Appalachian Electric Power Co., 311 U.S. 377, 61 S.Ct. 291, 85 L.Ed. 243, rehearing denied 312 U.S. 712, 61 S.Ct. 548, 85 L.Ed. 1143, petition denied 317 U.S. 594, 63 S.Ct. 67, 87 L.Ed. 487.

In determining whether water is "navigable," the factual inquiry is whether the water has capability of use by the public for the purpose of transportation and commerce. U.S. v. Kaiser Aetna, C.A. Hawaii, 584 F.2d 378, 381.

A water is "navigable," for purposes of admiralty jurisdiction, provided that it is used or susceptible of being used as an artery of commerce. Adams v. Montana Power Co., C.A.Mont., 528 F.2d 437, 440.

Rivers are "navigable" in fact when they are used, or are susceptible of being used, in their ordinary condition as highways for commerce over which trade and travel are or may be conducted in the customary modes of trade and travel on water. Madole v. Johnson, D.C.La., 241 F.Supp. 379, 381

- navigable waters of the United States

@ navigable waters of the United States

A body of water is "navigable water of the United States" if it is presently being used or is suitable for use for transportation and commerce, or if it has been so used or was suitable for such use in the past, or if it could be made suitable for such use in the future by reasonable improvements. U.S. v. Cannon, D.C.Del., 363 F.Supp. 1045, 1050.

Such waters have been held to include the high seas, which begin at a line three miles offshore. Reynolds v. Ingalls Shipbuilding Div., Litton Systems, Inc., C.A. Miss., 788 F.2d 264, 268

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