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54-719: The McClellan–Kerr Arkansas River Navigation System ( MKARNS ) is part of the United States inland waterway system originating at the Tulsa Port of Catoosa and running southeast through Oklahoma and Arkansas to the Mississippi River . The total length of the system is 445 miles (716 km). It was named for two senators, Robert S. Kerr (D-OK) and John L. McClellan (D-AR), who pushed its authorizing legislation through Congress. The system officially opened on June 5, 1971. President Richard M. Nixon attended

108-488: A direct transit of Mud Pond by canoe , within a tract of private property surrounded by public land within the Adirondack 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 recreationally 'navigated' the waterway through private property, it

162-431: A high-use waterway system. The high-use designation means that a waterway carries more than 10 million tons per year, having a value of more than 12 million ton-miles per year. The Arkansas River is very shallow through Arkansas and Oklahoma, and was naturally incapable of supporting river traffic through most of the year. To allow for navigation, construction was started in 1963 on a system of channels and locks to connect

216-437: A small river may be navigable by smaller craft such as a motorboat or a kayak , but unnavigable by a larger freighter or cruise ship . Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level , or by dredging that deepens parts of the stream bed . Inland Water Transport ( IWT ) Systems have been used for centuries in countries including India, China, Egypt,

270-417: A tug at center rear, to form a barge tow which can be fit into a lock. Larger barge tows must be broken down and passed through the lock in sections, and rejoined on the opposite side. The specifications for the channel itself are as follows: Although Congress originally authorized USACE to dredge the channel to a depth of 12 ft (3.7 m) in 2005, it did not provide the funds to do so. ODOT says that

324-551: 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. 'Navigability' is a legal term of art , which can lead to considerable confusion. In 2009, journalist Phil Brown of Adirondack Explorer defied private property postings to make

378-505: 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 In India there are currently three National Waterways totaling a distance of 2921 km. They are: It is estimated that the total navigable length of inland waterways is 14500 km. A total of 16 million tonnes of freight

432-523: Is the only river on the West Coast (and arguably the entire North American Pacific coast) that is navigable for a significant length. The river is regularly dredged, and freight barges may reach as far inland as Lewiston, Idaho , through a system of locks; however, there are strict draft restrictions beyond the confluence with the Willamette River . The Sacramento and San Joaquin rivers,

486-487: Is the third highest (34 feet). Thus, it is likely that those two facilities were redesigned, in terms of height and possibly location, so as to eliminate lock 11 as originally planned. The Mississippi River lock is numbered lock 99 as it was added to the system after it was completed. Extremely heavy rains hit the Arkansas River upstream of Keystone Dam during late May and early June 2019. So much water poured into

540-822: The Gulf of Mexico allows ocean shipping to connect with the barge traffic, thereby making this segment vital to both the domestic and foreign trade of the United States. Many other eastern rivers are navigable as well, including the Potomac , the Hudson , and the Atchafalaya rivers, which are all dredged by the Army Corps of Engineers . The Intracoastal Waterway runs along the Gulf Coast from Texas , past

594-735: The Mississippi River System —the Mississippi River and connecting waterways. Most navigable rivers and canals in the United States are in the eastern half of the country, where the terrain is flatter and the climate is wetter. The Mississippi River System is connected to the Illinois Waterway , which continues to the Great Lakes Waterway and then to the Saint Lawrence Seaway . The Lower Mississippi River from Baton Rouge to

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648-540: The Snake River , and the Umpqua River are examples of other West Coast rivers that are dredged for navigation. The steep grades and variable flows of most other West Coast rivers make them unsuitable for large boat travel. Also, most large rivers there are dammed , often in multiple places, to supply water for hydroelectricity production and other uses. Mountainous terrain and a shortage of water make canals in

702-719: The Tennessee River and at the Inner Harbor Lock on the Gulf Intracoastal Waterway at New Orleans . Other projects are underway in Pennsylvania , West Virginia and Arkansas . In addition, several major rehabilitations are underway. Altogether, this ongoing work represents an investment of over $ 3.5 billion in inland waterway modernization that will be completed over the next decade. Half this investment will come from fuel taxes paid by

756-413: The Tennessee River . Over the next few years, these studies will identify the navigation and natural environmental actions needed to support the inland waterway system. While annual capital spending for the inland waterway system has averaged about $ 170 million in recent years, the income stream from fuel tax revenues can support an annual capital investment program of about $ 250 million without reducing

810-585: The Tennessee Valley Authority , this cargo moves at an average transportation savings of $ 10.67 per ton over the cost of shipping by alternative modes. This translates into over $ 7 billion annually in transportation savings to the economy of the United States. The U.S. Army Corps of Engineers (USACE) is responsible for 12,000 mi (19,000 km) of the waterways. This figure includes the Intracoastal Waterway . Most of

864-529: The Army Corps of Engineers includes 191 commercially active lock sites with 237 lock chambers. Some locks have more than one chamber, often of different dimensions. These locks provide the essential infrastructure that allows tows to "stair-step" their way through the system and reach distant inland ports such as Minneapolis , Chicago , and Pittsburgh . The locks can generally be categorized by three different sizes, as expressed by length. About 15 percent of

918-523: 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

972-483: The Keystone Reservoir in a short time that it quickly became evident that a major release of water would be needed to prevent overtopping the dam, causing devastating floods downstream. Even so, water rushed downstream toward MKARNS at such a high rate that officials at USACE halted barge traffic to avoid calamities such as collisions or hitting trees and debris afloat in the river. By October, barge traffic

1026-552: The Mississippi River, around Florida , and up the Atlantic Seaboard to Massachusetts . The Gulf Intracoastal Waterway (GIWW) and Mississippi River System connect Gulf Coast ports, such as Mobile , New Orleans , Baton Rouge , Houston , and Corpus Christi , with major inland ports, including Memphis , Kansas City , St. Louis , Chicago , St. Paul , Cincinnati , and Pittsburgh . The Columbia River

1080-715: The Mud Pond rapids." However, New York's highest court, the New York Court of Appeals 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

1134-600: The Netherlands, the United States, Germany, and Bangladesh. In the Netherlands, IWT handles 46% of the nation's inland freight ; 32% in Bangladesh, 14% in the United States, and 9% in China. 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

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1188-495: The Ohio, Upper Mississippi, Illinois and Tennessee rivers. Such tows are an extremely efficient mode of transportation, moving about 22,500 tons of cargo as a single unit. A single 15-barge tow is equivalent to about 225 railroad cars or 870 tractor-trailer trucks. If the cargo transported on the inland waterways each year had to be moved by another mode, it would take an additional 6.3 million rail cars or 25.2 million trucks to carry

1242-493: 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

1296-619: The West infeasible as well. Title 33 of the United States Code and 33 CFR [1] define the "navigable waters of the United States" and apply certain laws and regulations to those waters, including the principle of navigable servitude . This determination is made by a combination of waters explicitly listed in the law, and general definitions that mean certain waters might or might not be included depending on various factual determinations (such as being "navigable in fact" and

1350-478: The capacity of each barge could be increased by 200 tons for each foot of draft. An article in 2010 stated that much of MKARNS is already 12 feet (3.7 m) deep, so that only about 75 miles (121 km) would need to be deepened. The article quoted Lt. Col. Gene Snyman, then deputy commander of the U.S. Army Corps of Engineers’ Tulsa District, as saying such a project would cost about $ 170 million (2010 dollars). Download coordinates as: The following tables list

1404-597: The commercially important inland waterways are maintained by the USACE, including 11,000 mi (18,000 km) of fuel taxed waterways. Commercial operators on these designated waterways pay a fuel tax, deposited in the Inland Waterways Trust Fund, which funds half the cost of new construction and major rehabilitation of the inland waterways infrastructure. The nearly 12,000 miles (19,000 km) of U.S. inland and intracoastal waterways maintained by

1458-490: The dredging of sediment by late May 2020. The growth of business along MKARNS has greatly increased congestion at the locks. The Secretary of the Army has directed USACE to establish the following priorities for admitting vessels to each lock: There is no minimum size for watercraft using the locks. Craft as small as canoes, dinghies, and kayaks have all been allowed to use the locks, either alone or with multiple other vessels at

1512-467: 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 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

1566-443: The end of their design lives and are in need of modernization or major rehabilitation. Since many of today's tows operate with 12 or more barges, passing through a 600-foot (180 m) lock requires the tow to be "cut" into two sections to pass the lock. Such multiple cuts can be time-consuming and cause long queues of tows waiting for their turn to move through the lock. In the 1960s the U.S. Army Corps of Engineers began to modernize

1620-565: The features of the navigation system, from the Mississippi River to the origin at the Port of Catoosa. Except as noted, all locks are on the Arkansas River. There is no lock 11; sequentially, it would have been in the middle of Lake Dardanelle . Per the animated system map (see "External links"), Dardanelle Lock & Dam (lock 10), which forms Lake Dardanelle, is the highest facility on the system (54 feet between upper & lower pools); Ozark-Jeta Taylor Lock & Dam (lock 12), just above that lake,

1674-644: 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 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

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1728-403: The general "Waters" definition. Vermont waters have been surveyed thoroughly, but the other New England states have some waters of indeterminate status. Flowing waters are navigable from the mouth to source, or mouth to specified point, unless otherwise noted. Though navigable-in-fact, parts or all of the following have been excluded from the definition by Congress: A principal value of

1782-543: The history of use) by the Army Corps of Engineers . Not all waters have had these facts determined, and so are of uncertain status. All water subject to tides are included. 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

1836-564: The inland towing industry. These projects include not only modern navigation facilities, but also important investments in environmental restoration and management. Several key navigation improvement feasibility studies are underway throughout the inland waterway system, including on the Upper Mississippi River and Illinois Waterway , Ohio River , the Gulf Intracoastal Waterway, the Black Warrior River and

1890-457: The inland waterways is their ability to efficiently convey large volumes of bulk commodities moving long distances. Towboats push barges lashed together to form a "tow". A tow may consist of four or six barges on smaller waterways and up to over 40 barges on the Mississippi River below its confluence with the Ohio River . A 15-barge tow is common on the larger rivers with locks , such as

1944-465: 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

1998-798: The load. The ability to move more cargo per shipment makes barge transport both fuel efficient and environmentally advantageous. On average, a gallon of fuel allows one ton of cargo to be shipped 180–240 mi (290–390 km) by truck (e.g. @ 6–8 mpg ‑US (2.6–3.4 km/L) 30 ton load, 450 mi (720 km) by railway , and 514 mi (827 km) by barge. Carbon dioxide emissions from water transportation were 10 million metric tons less in 1997 than if rail transportation had been used. Inland waterways allow tremendous savings in fuel consumption, reduced greenhouse gas emissions and air pollution , reduced traffic congestion, fewer accidents on railways and highways, and less noise and disruption in cities and towns. Barges are well suited for

2052-403: The lock chambers are 1,000 to 1,200 ft (300 to 370 m) long, 60 percent are 600 to 999 ft (183 to 304 m) long, and 25 percent are less than 600 feet (180 m) long. Lock widths are mostly 110 feet (34 m). The 1,200-foot (370 m) locks can accommodate a tow of 17 barges plus the towboat , while the 600-foot (180 m) locks can accommodate at most eight barges plus

2106-507: The locks on the Ohio River and added 1,200-foot (370 m) chambers that permit a typical tow to pass in a single lockage. This modernization process continues today with the construction of a new dam with twin 1,200-foot (370 m) locks at Olmsted, Illinois , located at the confluence of the Ohio and Mississippi rivers and a second 1,200-foot (370 m) chamber at McAlpine Locks and Dam near Louisville . Modern 1,200-foot (370 m) chambers are also being constructed at Kentucky Lock on

2160-451: The many reservoirs along the length of the Arkansas River. The first section, running to Little Rock, Arkansas , opened on January 1, 1969. The first barge to reach the Port of Catoosa arrived in early 1971. Each lock measures 110 feet (34 m) wide and 600 feet (180 m) long, the standard size for much of the Mississippi River waterway. Standard jumbo barges , measuring 35 by 195 feet (59 m), are grouped 3 wide by 3 long, with

2214-518: The modest-sized river to build it into a commercially navigable body of water. The design enables traffic to overcome an elevation difference of 420 feet (130 m) between the Mississippi River and the Tulsa Port of Catoosa. Along the section of the Arkansas River that carries the McClellan–Kerr channel, the river sustains commercial barge traffic and offers passenger and recreational use. Here,

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2268-479: The movement of large quantities of bulk commodities and raw materials at relatively low cost. The inland and intracoastal waterway system handles about 630 million tons of cargo annually, or about 17 percent of all intercity freight by volume. These are raw materials or primary manufactured products that are typically stored for further processing or consumption, or transshipped for overseas markets. Inland and intracoastal waterways directly serve 38 states throughout

2322-965: The nation's heartland as well as the states on the Atlantic seaboard , the Gulf Coast and the Pacific Northwest . The shippers and consumers in these states depend on the inland waterways to move about 630 million tons of cargo valued at over $ 73 billion annually. States on the Gulf Coast and throughout the Midwest and Ohio Valley especially depend on the inland and intracoastal waterways. Texas and Louisiana each ship more than $ 10 billion worth of cargo annually, while Illinois , Pennsylvania , West Virginia , Kentucky , Mississippi , Alabama , and Washington state each ship between $ 2 billion and $ 10 billion annually. Another eight states ship at least $ 1 billion annually. According to research by

2376-426: 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

2430-815: The opening ceremony. It is operated by the Army Corps of Engineers (USACE). While the system primarily follows the Arkansas River , it also includes portions of the Verdigris River in Oklahoma, the White River in Arkansas, and the Arkansas Post Canal, a short canal named for the nearby Arkansas Post National Memorial which connects the Arkansas and White Rivers. Through Oklahoma and Arkansas, dams artificially deepen and widen

2484-657: 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 [16 U.S.C. 796(8)] or even navigability. Therefore, FERC's permitting authority extends to

2538-406: 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

2592-484: The same time. If commercial traffic is heavy, pleasure craft may be required to wait approximately 1.5 hours or may be allowed to lock through with commercial vessels. Inland waterways of the United States The inland waterways of the United States include more than 25,000 mi (40,000 km) of navigable waters. Much of the commercially important waterways of the United States consist of

2646-479: 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 . 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,

2700-576: The surplus in the Inland Waterways Trust Fund, whose balance was $ 385 million at the end of 1999. Navigability Such a navigable water is called a waterway , and is preferably with few obstructions against direct traverse that need avoiding, such as rocks , reefs or trees . Bridges 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 , particularly in winter or high- latitude regions. Navigability also depends on context:

2754-601: The system is a series of reservoirs. The U.S. Department of Transportation (USDOT) officially announced in early May 2015 that it had upgraded MKARNS from "Connector" to "Corridor" on the National Marine Highway. The announcement also added the Oklahoma Department of Transportation (ODOT) as an official sponsor. In 2015, the USACE increased its designation of the MKARNS from a moderate-use to

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2808-449: The towboat. The lock size and tow size are critical factors in the amount of cargo that can pass through a lock in a given period of time. More than 50 percent of the locks and dams operated by the Army Corps of Engineers are over 50 years old. Many of the 600-foot (180 m) locks on the system were built in the 1930s or earlier, including those on the Ohio, Upper Mississippi, Illinois and Tennessee rivers. These projects are approaching

2862-514: Was allowed on a limited basis. Normally, tows comprise twelve to sixteen barges. However, the flood carried so much silt down river that re-dredging would be required to return to normal traffic patterns. In October, the tows were limited to six barges (two wide and three deep). The 2019 flood deposited about 1.5 million cubic yards of sediment into the waterway, As of February 2020, barge traffic remained limited by tow size and restricted to daylight hours only due to sediment. USACE expected to complete

2916-497: Was therefore a public highway. He prevailed in the trial court when sued for trespassing by the owners of the property, a decision upheld by the New York Supreme Court, Appellate Division , Third Department. The land was found "subject to a public right of navigation, including the right to portage on plaintiff's land where absolutely necessary for the limited purpose of avoiding obstacles to navigation such as

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