33 CFR 329.10 : 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) — Existence of obstructions.

4 Aug 2016

A stream may be navigable despite the existence of falls, rapids, sand bars, bridges, portages, shifting currents, or similar obstructions. Thus, a waterway in its original condition might have had substantial obstructions which were overcome by frontier boats and/or portages, and nevertheless be a “channel” of commerce, even though boats had to be removed from the water in some stretches, or logs be brought around an obstruction by means of artificial chutes. However, the question is ultimately a matter of degree, and it must be recognized that there is some point beyond which navigability could not be established.

33 CFR 329.10