Legal Definitions - waterway

A waterway, in a legal sense, refers to any body of water, whether naturally occurring or artificially created, that is used or is capable of being used for navigation, transportation, or other public purposes. This classification often carries significant legal implications regarding public access rights, environmental protection, and governmental regulation concerning its use, maintenance, and development.

• Example 1: The Columbia River, which forms a significant portion of the border between Oregon and Washington, is regularly traversed by barges carrying timber, grain, and other goods to and from ports. It also supports recreational boating and fishing.

  Explanation: The Columbia River is a natural waterway because it is a large body of water capable of and regularly used for commercial navigation and public recreation. Its status as a waterway means it is subject to federal and state laws governing shipping, environmental protection, and public access, ensuring its continued utility for various public and commercial interests.

• Example 2: The Chesapeake and Delaware Canal, an artificial channel connecting the Delaware River with the Chesapeake Bay, allows ships to bypass a longer route around the Delmarva Peninsula.

  Explanation: This canal is an artificial waterway because it was constructed by humans to facilitate navigation and transportation. Despite being man-made, it functions as a critical shipping route, and its designation as a waterway means it is subject to specific regulations regarding vessel traffic, maintenance, and safety, similar to natural navigable rivers.

• Example 3: A small, meandering stream that flows through a state park, which, while not deep enough for motorboats, is frequently used by kayakers and canoeists for recreational paddling.

  Explanation: Even though this stream is not suitable for large commercial vessels, its consistent use and capability for public recreational navigation (kayaking, canoeing) can qualify it as a waterway under certain legal frameworks. This designation would grant the public rights of access and use, and the stream would be subject to environmental protections to preserve its ecological integrity and ensure its continued availability for public enjoyment.