§ 329.5. General scope of determination.
67 words·~1 min read·
/us/cfr/t33/s§ 329.5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.