Legal Definitions - boatable water

Boatable water refers to a body of water that is legally considered navigable. This means it is capable of being used for public or commercial transportation, or is subject to the ebb and flow of the tide. The legal classification of water as "boatable" or "navigable" is significant because it often determines public access rights, ownership of the streambed or lakebed, and the jurisdiction of various governmental agencies, such as those responsible for environmental protection or transportation.

It's important to note that "boatable water" doesn't necessarily mean the water is *currently* being used for boating, but rather that it *could be* used for such purposes, either historically or presently. This capacity for use is what establishes its legal status.

• Example 1: A Major Commercial River

  Imagine the Ohio River, which is regularly traversed by large barges carrying goods, as well as numerous recreational boats. This river is considered boatable water because it is deep and wide enough to support significant commercial traffic and public recreational use. Its capacity for both types of transportation makes it subject to federal and state regulations concerning navigation, environmental protection, and public access.

• Example 2: A Historically Used Inland Lake

  Consider a large, natural lake in a rural area that, while not currently used for commercial shipping, was historically used to transport timber or agricultural products by boat to nearby towns. Even if its primary use today is recreational fishing and pleasure boating, its historical capacity for commercial transport means it would still be classified as boatable water. This classification ensures that the public retains rights to navigate its surface, and its management falls under relevant water resource authorities.

• Example 3: A Coastal Estuary or Bay

  Think of a tidal estuary along the Atlantic coast where a river meets the sea. This area experiences the regular rise and fall of ocean tides, and its waters are deep enough for various vessels, from fishing boats to small yachts, to navigate. Because it is subject to the ebb and flow of the tide and is capable of supporting public navigation, it is considered boatable water, granting public access rights and placing it under the jurisdiction of agencies that manage coastal zones and navigable waterways.