Stanley Forman Reed,
United States v. Appalachian Electric Power Company…
“ Where the stream 'has never been impressed with the character of navigability by past use in commerce, * * * commerce actually in esse or at least in posse is essential to navigability' and 'a theoretical or potential navigability or one that is temporary, precarious and unprofitable is not sufficient.' The most important criterion by which to ascertain the navigability of a stream is that navigability in fact must exist under 'natural and ordinary conditions'. ”
