...mark of the stream, whether tidal or otherwise. Public navigable rivers can be defined as those which are used, or are susceptible of being used, in their...highways for commerce, over which trade and travel can be conducted in the ordinary ways of water travel. If the river should not be navigable, the boundary...

...being used, in their ordinary condition, as highways of commerce over which trade and travel could be conducted in the customary modes of trade and travel on water. The Daniel Ball, 77 US 557 (1871). The court explained that navigable waters would fall into two categories:...

...being used, in their ordinary condition, as highways of commerce over which trade and travel could be conducted in the customary modes of trade and travel on water. The Court explained that navigable waters would thus fall into two categories: (1) those waters which...

...case law involving the Commerce Power,144 navigability in law means navigability in fact.145 Rivers are navigable in fact "when they are used, or are susceptible of being used, in their natural condition, as highways for commerce."146 The phrase "susceptible of being used in their natural...

...decisions has supplied broad general criteria for determining navigability of waters: Waters are navigable when they are used or are susceptible of being used in their ordinary conditions as highways for commerce over which trade and travel are or may be conducted in the customary...

...are as follows: Those rivers must be regarded as public navigable rivers in law which are navigable ht forward, not less than 8 feet above the surface of the water. (b) of the acts of Congress, in contra-distinction from the navigable waters of the States, when they form...

...whether waters are navigable: Those rivers must be regarded as public navigable rivers that are navigable in fact and they are navigable in fact when they are...their ordinary condition as highways for commerce. In 1921, this was interpreted to include all waters which had ever served as waters of commerce in...

...whether waters are navigable: Those rivers must be regarded as public navigable rivers that are navigable in fact and they are navigable in fact when they are...their ordinary condition as highways for commerce. In 1921, this was interpreted to include all waters which had ever served as waters of commerce in...

...557, 563 (1870). "Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they...used, in their ordinary condition, as highways for connerce, over which trade and travel are or nay be conducted in the customary irodes of trade and...

...557, 563 (1870). "Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they...used, in their ordinary condition, as highways for <xiuiiei.ee, over which trade and travel are or may be conducted in the customary irodes of trade and...