33 CFR 329.5 : Navigation And Navigable Waters (§ 1.01-1 To Parts 404-499) — (Parts 200-202 To Parts 404-499) — Corps Of Engineers, Department Of The Army, Department Of Defense (Parts 200-202 To Parts 386-399) — Definition Of Navigable Waters Of The United States (§ 329.1 To § 329.16) — General scope of determination.

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.