A
body of water
A body of water or waterbody (often spelled water body) is any significant accumulation of water on the surface of Earth or another planet. The term most often refers to oceans, seas, and lakes, but it includes smaller pools of water such ...
, such as a
river
A river is a natural flowing watercourse, usually freshwater
Fresh water or freshwater is any naturally occurring liquid or frozen water containing low concentrations of dissolved salts and other total dissolved solids. Although the ...
,
canal
Canals or artificial waterways are waterways or engineered channels built for drainage management (e.g. flood control and irrigation) or for conveyancing water transport vehicles (e.g. water taxi). They carry free, calm surface fl ...
or
lake
A lake is an area filled with water, localized in a basin, surrounded by land, and distinct from any river or other outlet that serves to feed or drain the lake. Lakes lie on land and are not part of the ocean, although, like the much lar ...
, is navigable if it is deep, wide and calm enough for a
water vessel
Any vehicle used in or on water as well as underwater, including boats, ships, hovercraft and submarines, is a watercraft, also known as a water vessel or waterborne vessel. A watercraft usually has a propulsive capability (whether by sail, ...
(e.g. boats) to pass safely. Such a navigable water is called a ''
waterway
A waterway is any navigable body of water. Broad distinctions are useful to avoid ambiguity, and disambiguation will be of varying importance depending on the nuance of the equivalent word in other languages. A first distinction is necessary ...
'', and is preferably with few obstructions against direct traverse that needed avoiding, such as
rocks,
reef
A reef is a ridge or shoal of rock, coral or similar relatively stable material, lying beneath the surface of a natural body of water. Many reefs result from natural, abiotic component, abiotic processes—deposition (geology), deposition of ...
s or
tree
In botany, a tree is a perennial plant with an elongated stem, or trunk, usually supporting branches and leaves. In some usages, the definition of a tree may be narrower, including only woody plants with secondary growth, plants that are ...
s.
Bridge
A bridge is a structure built to span a physical obstacle (such as a body of water, valley, road, or rail) without blocking the way underneath. It is constructed for the purpose of providing passage over the obstacle, which is usually somethi ...
s built over waterways must have sufficient
clearance. High
flow speed may make a
channel unnavigable due to risk of
ship collisions. Waters may be unnavigable because of
ice
Ice is water frozen into a solid state, typically forming at or below temperatures of 0 degrees Celsius or Depending on the presence of impurities such as particles of soil or bubbles of air, it can appear transparent or a more or less opaq ...
, particularly in winter or high-
latitude
In geography, latitude is a coordinate that specifies the north– south position of a point on the surface of the Earth or another celestial body. Latitude is given as an angle that ranges from –90° at the south pole to 90° at the north po ...
regions. Navigability also depends on context: a small river may be navigable by smaller craft such as a
motorboat
A motorboat, speedboat or powerboat is a boat that is exclusively powered by an engine.
Some motorboats are fitted with inboard motor, inboard engines, others have an outboard motor installed on the rear, containing the internal combustion ...
or a
kayak
A kayak is a small, narrow watercraft which is typically propelled by means of a double-bladed paddle. The word kayak originates from the Greenlandic word '' qajaq'' ().
The traditional kayak has a covered deck and one or more cockpits, each ...
, but unnavigable by a larger
freighter or
cruise ship
Cruise ships are large passenger ships used mainly for vacationing. Unlike ocean liners, which are used for transport, cruise ships typically embark on round-trip voyages to various ports-of-call, where passengers may go on Tourism, tours know ...
. Shallow rivers may be made navigable by the installation of
locks that regulate flow and increase upstream
water level, or by
dredging
Dredging is the excavation of material from a water environment. Possible reasons for dredging include improving existing water features; reshaping land and water features to alter drainage, navigability, and commercial use; constructing d ...
that deepens parts of the
stream bed.
Inland water transport systems
Inland Water Transport (IWT) Systems have been used for centuries in countries including India, China, Egypt, the Netherlands, the United States, Germany, and Bangladesh. In the Netherlands, IWT handles 46% of the nation's inland
freight
Cargo consists of bulk goods conveyed by water, air, or land. In economics, freight is cargo that is transported at a freight rate for commercial gain. ''Cargo'' was originally a shipload but now covers all types of freight, including trans ...
; 32% in Bangladesh, 14% in the United States, and 9% in China.
In the United States
What constitutes 'navigable' waters can not be separated from the context in which the question is asked. Numerous federal agencies define jurisdiction based on navigable waters, including admiralty jurisdiction, pollution control, to the licensing of dams, and even property boundaries. The numerous definitions and jurisdictional statutes have created an array of case law specific to which context the question of navigability arises. Some of the most commonly discussed definitions are listed here.
Navigable waters, as defined by the US Army Corps of Engineers as codified under 33
CFR 329, are those waters that are subject to the ebb and flow of the tide, and those inland waters that are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce while the
waterway
A waterway is any navigable body of water. Broad distinctions are useful to avoid ambiguity, and disambiguation will be of varying importance depending on the nuance of the equivalent word in other languages. A first distinction is necessary ...
is in its ordinary condition at the time of statehood. Section 10 of the ''
Rivers and Harbors Act of 1899'' (33 U.S.C. 403), approved 3 March 1899, prohibits the unauthorized obstruction of a navigable water of the U.S. This statute also requires a permit from the
U.S. Army Corps of Engineers for any construction in or over any navigable water, or the excavation or discharge of material into such water, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters. However, the ACOE recognizes that only the judiciary can make a definitive ruling as to which are navigable waters.33 CFR 329
For the purposes of transferring property title into public property, the definition of a Navigable waterways closely follows 33 CFR 329. For the purpose of establishing which river is public and therefore state-owned, what is navigable is a constitutional question defined by Federal case law. (See ''PPL Montana v Montana'' (2012).) If a river was considered navigable at the time of statehood, the land below the navigable water was conveyed to the state as part of the transportation network in order to facilitate commerce. Most states retained title to these navigable rivers in trust for the public. Some states divested themselves of title to the land below navigable rivers, but a federal navigable servitude remains if the river is a navigable waterway. Title to the lands submerged by smaller streams are considered part of the property through which the water flows and there is no 'public right' to enter upon private property based on the mere presence of water.
The scope of the Federal Energy Regulatory Commission (FERC) authority was granted under the Federal Power Act, 1941 (16 U.S.C 791). Such authority is based on congressional authority to regulate commerce; it is not based exclusively on title to the riverbed
6 U.S.C. 796(8)or even navigability. Therefore, FERC's permitting authority extends to the flow from non-navigable tributaries in order to protect commerce downstream,
'US v. Rio Grande Irrigation'', 174 U.S. 690, 708 (1899) 'Oklahoma v. Atkinson'', 313 US 508, 525
Also, the ''
Clean Water Act
The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibiliti ...
'' has introduced the terms "traditional navigable waters," and "waters of the United States" to define the scope of Federal jurisdiction under the Clean Water Act. Here, "Waters of the United States" include not only navigable waters, but also tributaries of navigable waters and nearby wetlands with "a significant nexus to navigable waters"; both are covered under the Clean Water Act. Therefore, the Clean Water Act establishes Federal jurisdiction beyond "navigable waters" extending a more limited federal jurisdiction under the Act over private property which may at times be submerged by waters. Because jurisdiction under the Clean Water Act extends beyond public property, the broader definitions of "traditional navigable" and "significant nexus" used to establish the scope of authority under the Act are still ambiguously defined and therefore open to judicial interpretation as indicated in two U.S. Supreme Court decisions: "
Carabell v. United States" and "
Rapanos v. United States
''Rapanos v. United States'', 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appoint ...
". However, because authority under the Act is limited to protecting only navigable waters, jurisdiction over these smaller creeks is not absolute and may require just compensation to property owners when invoked to protect downstream waters.
Finally, a water-body is presumed non-navigable with the burden of proof on the party claiming it is navigable. The U.S. Forest Service considers a waterbody not navigable until is adjudicated otherwise. see Whitewater v. Tidwell 770 F. 3d 1108 (2014). Therefore, and public rights associated with navigability cannot be presumed to exist without a finding of navigability.
Confusion over "navigability"
'Navigability' is a legal
term of art
Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a partic ...
, which can lead to considerable confusion. In 2009, journalist Phil Brown of ''
Adirondack Explorer'' defied
private property postings to make a direct transit of
Mud Pond by
canoe
A canoe is a lightweight narrow water vessel, typically pointed at both ends and open on top, propelled by one or more seated or kneeling paddlers facing the direction of travel and using a single-bladed paddle.
In British English, the term ...
, within a tract of private property surrounded by public land within the
Adirondack Park
The Adirondack Park is a part of New York's Forest Preserve in northeastern New York, United States. The park was established in 1892 for “the free use of all the people for their health and pleasure”, and for watershed protection. The park ...
. In New York State, waterways that are 'navigable-in-fact' are considered
public highways, meaning that they are subject to an easement for public travel, even if they are on private land. Brown argued that because he
recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or ple ...
ally 'navigated' the waterway through private property, it was therefore a public highway. He prevailed in the
trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review ( appellate courts). M ...
when sued for
trespassing by the owners of the property, a decision upheld by the
New York Supreme Court, Appellate Division
The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State.
There are four Appellate Divisions, one in each of the state's four Judicial Departments (e.g., the full title of the ...
, Third Department. The land was found "subject to a public right of navigation, including the right to
portage
Portage or portaging (Canada: ; ) is the practice of carrying water craft or cargo over land, either around an obstacle in a river, or between two bodies of water. A path where items are regularly carried between bodies of water is also called a ...
on plaintiff’s land where absolutely necessary for the limited purpose of avoiding obstacles to navigation such as the Mud Pond rapids." However, New York's highest court, the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
overturned the lower court decisions, and sent the case back to the trial court for consideration of ''"the Waterway's historical and prospective commercial utility, the Waterway's historical accessibility to the public, the relative ease of passage by canoe, the volume of historical travel, and the volume of prospective commercial and recreational use."'' The decision by New York's highest court established that recreational 'navigability' alone is not sufficient to prove that a waterway is a public highway in New York State. The US Supreme Court had also found that use of modern water craft insufficient evidence to support a finding of navigability
[Montana PPL v Montana US Supra (2013)]
Examples
*
Inland Waterway (Michigan)
The Inland Waterway or Inland Water Route is a series of rivers and lakes in the U.S. state of Michigan. With only a short portage, it forms a navigable route for small craft connecting Lake Huron and Crooked Lake, across the Northern Mich ...
*
Intracoastal Waterway
The Intracoastal Waterway (ICW) is a inland waterway along the Atlantic and Gulf of Mexico coasts of the United States, running from Massachusetts southward along the Atlantic Seaboard and around the southern tip of Florida, then following t ...
Inland water transport system in India
In India there are currently three National Waterways totaling a distance of 2921 km. They are:
*
Haldia
Haldia is an industrial port city in Purba Medinipur in the Indian state of West Bengal. It is a major river port and industrial belt located approximately southwest of Kolkata near the mouth of the Hooghly River, one of the distributarie ...
Allahabad
Allahabad (), officially known as Prayagraj, also known as Ilahabad, is a metropolis in the Indian state of Uttar Pradesh.The other five cities were: Agra, Kanpur (Cawnpore), Lucknow, Meerut, and Varanasi (Benares). It is the admin ...
stretch of the
Ganges
The Ganges ( ) (in India: Ganga ( ); in Bangladesh: Padma ( )). "The Ganges Basin, known in India as the Ganga and in Bangladesh as the Padma, is an international river to which India, Bangladesh, Nepal and China are the riparian states." is ...
Bhagirathi Hooghly river system (1620 km) in October 1986 as ''National Waterway 1''
* Saidiya Dhubri stretch of the
Brahmaputra river
The Brahmaputra is a trans-boundary river which flows through Tibet, northeast India, and Bangladesh. It is also known as the Yarlung Tsangpo in Tibetan, the Siang/Dihang River in Arunachali, Luit in Assamese, and Jamuna River in Bangla. I ...
system (891 km) in September, 1988 as National Waterway 2
*
Kollam
Kollam (), also known by its former name Quilon , is an ancient seaport and city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is north of the state capital Thiruvananthapuram. The ci ...
-
Kottappuram (in
Kerala
Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South C ...
) stretch of West Coast Canal (410 km) along with Champakara canal and Udyogmandal canal in February, 1993 as National Waterway 3
It is estimated that the total navigable length of inland waterways is 14500 km. A total of 16 million tonnes of freight is moved by this mode of transport.
Advantages of inland water transport systems
Waterways provide enormous advantages as a mode of transport compared to land and air modes of transports.
* Cheaper
capital cost
Capital costs are fixed, one-time expenses incurred on the purchase of land, buildings, construction, and equipment used in the production of goods or in the rendering of services. In other words, it is the total cost needed to bring a projec ...
– Nature has already done the initial engineering work for the transportation infrastructure, the cost of developing an inland waterway is 5-10% of the cost developing an equivalent railway or a four-lane expressway. This varies a lot, depending on whether the waterway is naturally navigable, whether only ports are needed, or whether a
canal
Canals or artificial waterways are waterways or engineered channels built for drainage management (e.g. flood control and irrigation) or for conveyancing water transport vehicles (e.g. water taxi). They carry free, calm surface fl ...
and locks are needed.
* Cheaper maintenance cost – The maintenance cost of an inland waterway is only 20% of the maintenance cost of an equivalent roadway. The main expenses associated with waterway maintenance include dredging and
invasive species
An invasive species otherwise known as an alien is an introduced organism that becomes overpopulated and harms its new environment. Although most introduced species are neutral or beneficial with respect to other species, invasive species adv ...
control.
* Greater
fuel efficiency
Fuel efficiency is a form of thermal efficiency, meaning the ratio of effort to result of a process that converts chemical potential energy contained in a carrier (fuel) into kinetic energy or work. Overall fuel efficiency may vary per device, ...
(low cost of transportation) for large freight – It is estimated that 1 liter of fuel can move 105 ton-km by inland water transport. Whereas the same amount of fuel can move only 85 ton-km by rail and 24 ton-km by road. By air, it is even less.
* Easy integration with sea transport – Inland water transport can easily integrated with Sea transport and hence it reduces the extra cost required for land-sea or air-sea transport interface infrastructure development. It also reduces the time taken to transfer the goods to and from sea transport vessels.
* Tourism – Inland water transport has the potential to play a role in the development of tourism, especially Eco-tourism.
* Safety – Undoubtedly, inland water transport is less risky as compared to other means of transport, mainly due to far less traffic and slower speeds.
Disadvantages of inland water transport systems
* Low availability of inland waterways – As mentioned above, there are numerous criteria for a water body to be navigable. Out of the total inland water body available in the world, only a very low percentage of it is potentially navigable.
* Low speed – Water transport as a whole is much slower than its road, rail, or air competitors.
* Seasonal character of rivers – In extreme weather condition waterways may freeze or dry. Therefore, It would not be possible to carry out the transportation throughout the year.
* Flexibility – Inland waterways are less flexible like roads. Transportation can be carried out only with some fixed points, individualization or molding for public benefit is not possible.
* Navigability – Diversion of water for irrigation reduces river flow and further siltation breaks down the navigability very easily.
* Safety risks – Risks to human life and health most prominently involve drowning or, in cold waters, hypothermia, if a passenger or crew member falls overboard. Seasickness is a comparatively minor issue in turbulent waters. Risks to property include water damage and the much greater difficulty in recovering goods if a
vessel sinks.
See also
*
Glossary of nautical terms
This glossary of nautical terms is an alphabetical listing of terms and expressions connected with ships, shipping, seamanship and navigation on water (mostly though not necessarily on the sea). Some remain current, while many date from the 17th ...
*
Inland harbor
An inland harbor (or inland harbour) is a harbor that is quite far away from the ocean or sea
The sea, connected as the world ocean or simply the ocean, is the body of salty water that covers approximately 71% of the Earth's surface. The w ...
*
Inland sea (geology)
An inland sea (also known as an epeiric sea or an epicontinental sea) is a continental body of water which is very large and is either completely surrounded by dry land or connected to an ocean by a river, strait, or "arm of the sea". An inland s ...
*
Lake freighter
*
Merchant vessel
A merchant ship, merchant vessel, trading vessel, or merchantman is a watercraft that transports cargo or carries passengers for hire. This is in contrast to pleasure craft, which are used for personal recreation, and naval ships, which are ...
*
Ship transport
Maritime transport (or ocean transport) and hydraulic effluvial transport, or more generally waterborne transport, is the transport of people ( passengers) or goods ( cargo) via waterways. Freight transport by sea has been widely used th ...
*
Watercraft
Any vehicle used in or on water as well as underwater, including boats, ships, hovercraft and submarines, is a watercraft, also known as a water vessel or waterborne vessel. A watercraft usually has a propulsive capability (whether by sail ...
References
External links
International Transport Forum
{{Authority control
Shipping
Water transport