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Also, the Clean Water Act 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 ...
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case in which the court held that only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
All waters with a "significant nexus" to "navigable waters" are covered under the CWA, but the words "significant nexus" remain open to judicial interpretation and considerable controversy. Some regulations included [when?] water features such as intermittent streams, playa lakes, prairie potholes, sloughs and wetlands as "waters of the United ...
The agencies considered the CWA to cover bodies of water with a "significant nexus" with traditional navigable waters, according with Justice Kennedy's definition. In 2023, the Supreme Court rejected the "significant nexus" test in Sackett v. EPA and established the current definition.
Note that the "Navigable Waters of the United States" listed in 33 CFR 329 are different than those listed as "Waters of the United States" in 33 CFR 328, which is the Clean Water Rule. However, all Navigable Waters, plus those considered navigable-in-fact are included in the general "Waters" definition. [1] Map of the all-water route from the ...
A high water mark is a point that represents the maximum rise of a body of water over land. Such a mark is often the result of a flood , but high water marks may reflect an all-time high, an annual high (highest level to which water rose that year) or the high point for some other division of time.
For example, the concept of traditionally-navigable waters is an elastic one, covering all waters that are now navigable, were once navigable, or could reasonably be made navigable in the future. [24] Another example is the "adjacent wetlands" jurisdiction upheld in Riverside Bayview.
The Daniel Ball, 77 U.S. 557 (1870), was a United States Supreme Court case concerning whether a given body of water was navigable.The Court's majority opinion, written by Justice Stephen J. Field, held that bodies of water that are "navigable in fact" are considered navigable for legal purposes.