scope:

General scope of determination.

The several factors which must be examined when making a determination whether a waterbody is a navigable water of the United States are discussed in detail below. Generally, the following conditions must be satisfied:

(a) Past, present, or potential presence of interstate or foreign commerce;

(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and (c) Defined geographic limits of the waterbody.

Purpose.

This regulation defines the term ''navigable waters of the United States'' as it is used to define authorities of the Corps of Engineers. It also prescribes the policy, practice and procedure to be used in determining the extent of the jurisdiction of the Corps of Engineers and in answering inquiries concerning ''navigable waters of the United States.'' This definition does not apply to authorities under the Clean Water Act which definitions are described under 33 CFR parts 323 and 328.

Applicability.

This regulation is applicable to all Corps of Engineers districts and divisions having civil works responsibilities.