Navigable water

Definition and stakes

Portrait of John Catron John Catron,  Jones v. Soulard — Opinion of the Court

“ Above the ebb and flow of the tide, no river of England is navigable at all. In inquiring into the definition of navigable streams in that country, therefore, it was found that they were correctly described to be those in which the tide ebbed and flowed. But navigability is the principal thing; the flowing of the tide is a mere incident. When, therefore, we find that there are navigable waters in America, or elsewhere, not flowed by the tide, we seek other definitions of navigable water, the flowing of the tide being no longer a test. ”
Source: Wikisource

Leveson Francis Vernon-Harcourt,  1911 Encyclopædia Britannica (1911)

“ Regulation works for increasing the navigable capabilities of rivers can only be advantageously undertaken in large rivers with a moderate fall and a fair discharge at their lowest stage; for with a large fall the current presents a great impediment to up-stream navigation, and there are generally great variations in water-level, and when the discharge becomes very small in the dry season it is impossible to maintain a sufficient depth of water in the low-water channel. ”
Source: Wikisource

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