Navigability of our rivers is found in their navigable capacity and Acts thereof.

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1. The doctrine of the common law as to the navigability of waters has no application in this country. Here the ebb and flow of the tide do not constitute the usual test, as in England, or any test at all of the navigability of waters.
2. The test by which to determine the navigability of our rivers is found in their navigable capacity. Those rivers are public navigable rivers in law which are navigable in fact.
3. Rivers are navigable in fact when they are used or are susceptible of being used in their ordinary condition as highways for commerce over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
4. And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the states, when they form in their ordinary condition, by themselves or by uniting with other waters, a continued highway over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water.
https://supreme.justia.com/cases/federal/us/77/557/case.html
The act of July 7, 1838, [Footnote 1] provides in its second section that it shall not be lawful for the owner, master, or captain of any vessel propelled in whole or in part by steam to transport any merchandise or passengers upon "the bays, lakes, rivers, or other navigable waters of the United States" after the 1st of October of that year without having first obtained from the proper officer a license under existing laws, that for every violation of this enactment the owner or owners of the vessel shall forfeit and pay to the United States the sum of five hundred dollars, and that for this sum the vessel engaged shall be liable and may be seized and proceeded against summarily by libel in the District Court of the United States.
The act of August 30, 1852, [Footnote 2] which is amendatory of the act of July 7, 1838, provides for the inspection of vessels propelled in whole or in part by steam and carrying passengers and the delivery to the collector of the district of a certificate of such inspection before a license, register, or enrollment, under either of the acts can be granted, and declares that if any vessel of this kind is navigated with passengers on board, without complying with the terms of the act, the owners and the vessel shall be subject to the penalties prescribed by the second section of the act of 1838.
 
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The legal issues were narrow. All agreed that the state holds title to the beds of rivers that were navigable in fact at statehood. If the river was not navigable at statehood, title remains in the United States, and the riverbed could be disposed of by sale or grant as part of the federal public domain.
Bingo and thanks for pointing out Winners58. Great point.
 
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The beds of navigable bodies of water are not public domain and are not subject to survey and disposal by the United States. Under the laws of the United States the navigable waters have always been and shall forever remain common highways.
And
Under the laws of the United States the navigable waters have always been and shall forever remain common highways.

Anyone have lists of rivers and stream "Navigable at Statehood"..........LOL.
The list is part of most of the rivers and streams still would like to see a list or maps.
 
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The basis for federal jurisdiction over navigable waters lies in the U.S. Constitution. Since the early nineteenth century, the U.S. Supreme Court has held that the Commerce Clause (Article 1, Section 8) gives the federal government extensive authority to regulate interstate commerce. This view originated in 1824 in the landmark case of GIBBONS V. OGDEN, 22 U.S. (9 Wheat.) 1, 6 L. Ed. 23. In Gibbons, the Court was faced with deciding whether to give precedence to a state or federal law for the licensing of vessels. It ruled that navigation of vessels in and out of the ports of the nation is a form of interstate commerce and thus federal law must take precedence. This decision led to the contemporary exercise of broad federal power over navigable waters, and in countless other areas of interstate commerce.
https://legal-dictionary.thefreedictionary.com/Navigable+Waters
 

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So does that mean if you are just traveling on the river you don't need a license? Like it is for a license to drive a car. As long as your not doing business or hauling commercial good.
 
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So does that mean if you are just traveling on the river you don't need a license? Like it is for a license to drive a car. As long as your not doing business or hauling commercial good.
Bingo correct as long as there is not a "Piloting of a registered vessel".
 

benny

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And


Anyone have lists of rivers and stream "Navigable at Statehood"..........LOL.
The list is part of most of the rivers and streams still would like to see a list or maps.

Don't have a list, or map for Oreogn, but found this link helpful. Do a search for "navigability" and maybe the name of the river of interest without quotes
Welcome to Laserfiche WebLink
There's a caveat to this. Just because a study has been done, it doesn't mean that the court agrees.

Also,
http://www.oregon.gov/OSMB/boater-info/Pages/Navigability.aspx
 
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Trappers used the rivers for commerce before statehood, but don't think that usage was ever considered when deciding what was navigable. Conflict over Rogue River shows just how arbitrary conclusions can be.

Upper Rogue navigability fight may go to U.S. Supreme Court - News - MailTribune.com - Medford, OR
The "Navigable" is determined upon and at the time of the act of the State being admitted into the Union of States. End of "Fight".
The "Dredge permit" establishes a contract relationship of "Operations" upon / within the "Surface beds of rivers and streams".

Ask just what is being "Claimed"?
 
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benny

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"navigable" is determined in court, and courts don't necessarily deal with facts or reality.
 
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"navigable" is determined in court, and courts don't necessarily deal with facts or reality.
Could be wrong but there is two different issues one being "Navigable" the other being "U.S. waters". What information do others have out there?
Thanks
 

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Here is one example....Arizona's change since statehood. https://land.az.gov/content/colorado-river-only-navigable-river-arizona. There have been or are several lawsuits about the issue. The last two paragraphs of the following link apparently echo the original agreement with the feds at statehood about land ownership but water rights are a separate issue. Arizona Navigable Streams Adjudication Commission
Thanks. Interesting on how this is coming about. Any links to information about the "Cases"?
 

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