What are navigable waters?
Navigable waters are defined by 40CFR Part 112 as all waters that are, have been, or may be used in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide. The definition includes interstate wetlands; intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats and natural ponds. Waters that are or could be used by interstate or foreign travelers for recreation or other purposes, and waters from which fish or shellfish could be taken and sold are also covered under the definition. A more complete definition of the term navigable waters can be found in section 502(7) of the Federal Water Pollution Control Act (FWPCA).
