NAVIGABILITY
The first question to be resolved on any riparian boundary problem – “Is
the water body navigable or not navigable?” The reason is that each of
the 50 states received a grant of the beds of the navigable waters. Some
of the states have passed the ownership of the beds to the adjacent upland
owners. Most of the other states have retained that ownership. Where two
ownerships meet there is a boundary and that boundary is defined in a number
of different ways.
Navigability depends upon various factors. The solution depends on some
tests that the courts have devised over the years. There is a test for
navigation in admiralty law. There is another test for navigability in
interstate commerce and a test for the ownership of the beds of the water
bodies, the “State’s waters” test.
Situations covered include Improvements in aid of navigation,
historical use in commerce, fishing and recreational uses, susceptibility
to navigation, navigability based on the original General Land Office Surveys
and exceptions to state ownership of the beds.
Navigability reports are considered, including the sources of information
available.
