Legal Definitions - nonnavigable

The term nonnavigable describes something that cannot be used for water travel or, in the context of a vessel, cannot be steered. It has a few distinct applications:

• For a Body of Water: A body of water is considered nonnavigable if it is either:

  • Incapable of supporting travel or commerce by vessels. This means the water is too shallow, narrow, obstructed, or otherwise unsuitable for boats, ships, or other watercraft to pass through for transportation or trade.

    Example 1: A small, winding creek that flows through a suburban park, barely deep enough for a child's toy boat and frequently blocked by fallen branches.

    Explanation: This creek is too shallow and obstructed for any practical vessel to travel on, making it nonnavigable in the sense that it cannot be used for transportation or commerce.

  • Unaffected by the tide. This distinction is often important in legal contexts, as bodies of water influenced by tides (tidal waters) are typically considered public highways, while non-tidal waters may have different rules regarding ownership of the streambed and public access.

    Example 2: A large, landlocked reservoir created by a dam in the middle of a state, fed only by rivers and rainfall, with no connection to the ocean.

    Explanation: Since this reservoir is entirely inland and not subject to the ebb and flow of ocean tides, it is legally classified as nonnavigable based on tidal influence. This classification can impact who owns the land beneath the water and the extent of public access rights.

• For a Vessel: A vessel (like a boat or ship) is nonnavigable if it has lost its ability to be steered or directed.

  Example 3: A large container ship in the open ocean experiences a catastrophic failure of its rudder system, preventing the crew from changing its direction.

  Explanation: With its steering mechanism broken, the container ship cannot be controlled or directed, rendering it nonnavigable. It would drift or be at the mercy of currents until repairs are made or it is towed.