Navigable Waters

Section 3(8) of the FPA defines “navigable waters.” In essence, navigable waters are those that are used or suitable for use for the transportation of persons or property in interstate or foreign commerce.

Section 3(8) “Navigable waters” means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids, together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority;

Document: Federal_Power_Act_Redline

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