Legal Definitions - navigable

In legal terms, navigable refers to a body of water—such as a river, lake, or channel—that is naturally capable of being used for travel or commerce by vessels. This capacity is crucial because it often determines public access rights, ownership of the streambed, and whether federal laws (like admiralty jurisdiction) apply.

A water body is considered navigable in fact if, in its natural and ordinary condition, it can be used for customary modes of travel or commerce. This doesn't necessarily mean it must be currently used for large-scale shipping; even historical use or potential for use by smaller vessels can establish navigability. For federal admiralty jurisdiction, the water must also be capable of being used as a route in interstate or international commerce.

• Example 1: Interstate Commercial Waterway

  Imagine the Ohio River, which forms borders between several states and is regularly traversed by large commercial barges carrying coal, grain, and other goods. Because the Ohio River is capable of supporting this significant commercial traffic between states, it is considered navigable. This status allows the federal government to regulate its use for interstate commerce and means that federal maritime laws (admiralty jurisdiction) apply to incidents occurring on its waters.

• Example 2: Recreational Lake with Public Access

  Consider a large, natural lake located entirely within one state. While it may not host commercial shipping, it is regularly used by numerous recreational boats, kayaks, and fishing vessels. Because the lake is naturally deep and wide enough to allow these vessels to travel across it, it is considered navigable. This typically means the public has a right to use the lake for recreation, and the state, rather than private landowners, often owns the lakebed beneath the water.

• Example 3: Historically Used River

  Picture a smaller river in a rural area that, in the 19th century, was regularly used by logging companies to float rafts of timber downstream to sawmills, and by settlers in canoes for trade and transportation. Even if this river is now primarily used by small fishing boats or canoes and no longer supports large-scale commercial traffic, its historical capacity for commerce in its natural state means it would likely still be considered navigable in fact. This historical navigability can preserve public access rights and state ownership of the riverbed, preventing private landowners from blocking passage.