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Navigable Waters

By
Daisy Rogozinsky
/
July 16, 2023

The specific definition of the term “navigable waters” may vary depending on the legal and regulatory context in which it’s used. In this article, we’ll define “navigable waters” and explain how they relate to maritime injury law.

Key Takeaways

  • Navigable waters refer to bodies of water that are considered capable of being used for transportation or navigation by vessels
  • Different legal definitions emphasize navigable waters’ connection to commerce, their being subject to environmental regulations, or their connection to transportation or navigation
  • Some sources specify that navigable waters include rivers, canals, and other stretches of water wide enough for boats and ships to travel on
  • The concept of navigable waters is crucial in determining the jurisdiction, liability, and applicable laws in maritime injury cases
  • Accidents that occur on lakes and inland waterways are usually subject to state laws, while accidents on coastal waters fall under federal admiralty law

What Are Navigable Waters?

Navigable waters refer to bodies of water that are considered capable of being used for transportation or navigation by vessels. The term is often used in legal and regulatory contexts to define the scope of jurisdiction and regulations related to water resources and activities.

Law Insider's legal dictionary defines navigable waters as "waters capable of being used for navigation," highlighting the broad nature of the term. It suggests that any water body that can be used for transportation or navigation falls under the category of navigable waters.

Merriam-Webster's legal dictionary defines navigable waters as "waters subject to the ebb and flow of the tide and/or those waters that are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce." This definition emphasizes the connection between navigable waters and interstate or foreign commerce.

The U.S. Environmental Protection Agency (EPA) provides a list of traditional navigable waters. The document states that traditional navigable waters include "interstate waters, interstate wetlands, and the territorial seas." These waters are considered navigable under federal law and are subject to various environmental regulations and protections.

Collins Dictionary defines navigable waterways as "rivers, canals, and other stretches of water that are deep and wide enough for boats and ships to travel along."

Navigable Waters and Maritime Injury Law

The concept of navigable waters is crucial in determining the jurisdiction, liability, and applicable laws in maritime injury cases. Navigable waters fall under the jurisdiction of admiralty law (also called maritime law). Maritime law is a unique body of law that encompasses both federal and international laws governing maritime activities. It covers a wide range of matters, including personal injuries, wrongful death, vessel collisions, and negligence claims.

One crucial aspect of maritime injury law is determining the applicable law for a particular case. The exact laws that apply to accidents on navigable waters can vary based on several factors, such as the type of water body involved. Generally, accidents that occur on lakes and inland waterways are subject to state laws, while accidents on coastal waters or high seas fall under federal admiralty law.

However, it's important to note that even accidents on lakes and other non-traditional navigable waters can sometimes fall under federal maritime jurisdiction. Factors such as the navigability of the lake or water body, its connection to interstate commerce, and the purpose of the vessel involved are considered when determining the applicability of federal maritime law.

Consulting with a maritime injury lawyer is crucial when dealing with legal matters related to accidents or injuries on navigable waters. They can provide expert guidance, navigate complex maritime laws, assess liability, and advocate for the rights and compensation of individuals involved in maritime incidents.

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