Navigable Waters

{
  "id": "MLC-T-ENV-018321",
  "term": "Navigable Waters",
  "field": "Environment",
  "definition": "1. Traditionally, waters sufficiently deep and wide for navigation by all, or specified vessels; such waters in the United States come under federal jurisdiction and are protected by certain provisions of the Clean Water Act.\n\n2. The waters of the United States including the territorial seas. This covers: All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide. All interstate waters, including interstate wetlands; All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce including any waters that could be used for recreational purposes, or from which fish or shellfish could be taken and sold in interstate or foreign commerce; or that are used or could be used for industrial purposes by industries in interstate commerce; All impoundments of waters otherwise defined as waters of the United States under this section; Tributaries of waters identified above and wetlands adjacent to waters identified above (other than waters that are themselves wetlands); Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than cooling ponds as defined in 40 CFR 123.11(m), which also meet the criteria of this definition) are not waters of the United States.\n\n3. Meaning given in 33 U.S.C. 1901.\n\n4. As defined by 40 CFR 110.1 means the waters of the United States, including the territorial seas. The term includes:(a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;(b) Interstate waters, including interstate wetlands;(c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:(1) That are or could be used by interstate or foreign travelers for recreational or other purposes;(2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; and(3) That are used or could be used for industrial purposes by industries in interstate commerce.(d) All impoundments of waters otherwise defined as navigable waters under this section;(e) Tributaries of waters identified in paragraphs (a) through (d) of this definition, including adjacent wetlands; and(f) Wetlands adjacent to waters identified in paragraphs (a) through (e) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States.(g) Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. [40 CFR Appendix E to Part 300 (CFR 2013)]\n\n5. Waters of the United States, including the territorial seas. [40 CFR 302.3 (CFR 2013)]\n\n6. Defined in section 502(7) of the Act to mean “waters of the United States, including the territorial seas,” and includes, but is not limited to:\n\n7. Waters of the United States, including the territorial seas. The term includes:(a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (b) Interstate waters, including interstate wetlands;(c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters\n\n8. Waters of the United States, including the territorial seas.\n\n9. Waters of the United States as defined in 40 CFR 120.2, adjoining shorelines, and the exclusive economic zone.",
  "subject": "Water",
  "references": [
    "Aquatic Biodiversity Glossary; Terms of Environment",
    "Oil Pollution Prevention Glossary",
    "40 CFR 1043.20 (CFR 2013)",
    "40 CFR 300.5 (CFR 2013)",
    "40 CFR 63.1990 (CFR 2020)",
    "Definition truncated. For full definition see 40 CFR 116.3 (CFR 2013)",
    "Definition truncated. For full definition see 40 CFR 110.1 (CFR 2013)",
    "40 CFR 401.11 (CFR 2017)",
    "40 CFR 118 (CFR 2024)"
  ],
  "url": "https://mlchart.com/terminology/environment/navigable-waters/"
}