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The Water Cooler
General Discussion
Oklahoma Water Access - Question
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<blockquote data-quote="OkieJoe72" data-source="post: 3876707" data-attributes="member: 48447"><p>I’m definitely not a lawyer, but the term “navigable” has defined criteria in regards to legality. Several years ago, I ran into this problem while fishing a creek in a canoe. Essentially, I was told that a creek is not considered a navigable waterway. Here’s how our federal government defines a navigable waterway. </p><p></p><p>Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.</p></blockquote><p></p>
[QUOTE="OkieJoe72, post: 3876707, member: 48447"] I’m definitely not a lawyer, but the term “navigable” has defined criteria in regards to legality. Several years ago, I ran into this problem while fishing a creek in a canoe. Essentially, I was told that a creek is not considered a navigable waterway. Here’s how our federal government defines a navigable waterway. Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity. [/QUOTE]
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