33 C.F.R. § 329.5 General scope of determination.
Title 33 - Navigation and Navigable Waters
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.
Title 33: Navigation and Navigable Waters
PART 329—DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES
§ 329.5 General scope of determination.
