33 C.F.R. § 329.4 General definition.
Title 33 - Navigation and Navigable Waters
Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.
Title 33: Navigation and Navigable Waters
PART 329—DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES
§ 329.4 General definition.
