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32-581: Lake Berzdorf is about five kilometers long and two kilometers wide and is located on the southern border of the city of Görlitz in Eastern Upper Lusatia. The Görlitz districts of Hagenwerder, Klein Neundorf and Tauchritz as well as the communities of Markersdorf and Schönau-Berzdorf border the former open pit mine. The lake water level is 186 m above sea level. Since August 2007 it is possible to sail on Lake Berzdorf. The access for sailors

64-498: 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: 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

96-659: 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 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'

128-663: 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 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

160-402: A river was considered navigable at the time of statehood, the land below 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

192-495: Is navigable if it is deep, wide and calm enough for a water vessel (e.g. boats) to pass safely. Navigability is also referred to in the broader context of a body of water having sufficient under keel clearance for a vessel. 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

224-673: Is a municipality in the district of Görlitz in Saxony , Germany , near to the eastern border with Poland. About 25 kilometres directly to the south, Markersdorf is also the former German name of Markocice, a small township in Gmina Bogatynia , Poland . The current Großgemeinde (large municipality) of Markersdorf came into being in 1994, when the municipalities of Markersdorf, Deutsch-Paulsdorf ( Upper Sorbian : Němske Pawlice ), Friedersdorf, Gersdorf, Holtendorf, Jauernick-Buschbach ( Jawernik-Nechow ) and Pfaffendorf were adjoined in

256-613: Is a navigable waterway. Title to the lands submerged by smaller streams are considered part of 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

288-491: 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 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

320-427: Is via the port Tauchritz and via the slipway at the sailing base Blaue Lagune. An observation tower, pony farm, a themed miniature golf course and a climbing tower complete the offer. The Field is a tectonic deposit type. The basin is a tectonically northeast-southwest trending trench bounded at the margins by numerous faults with different strike directions. The deposit was heavily stressed by glacial ice during

352-646: The Neisse River with a one-kilometer-long transfer through two 1,6-meter-thick pipes began on February 18, 2004. The maximum flow was 10 cubic meters per second. Branch water from the Neisse River can be taken from a minimum flow of the Neisse of 13,3 cubic meters per second. In 2010, the lake was about half full when the nearby dam on the Smědá broke during heavy rains on August 7. Most of the flood water poured into

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384-657: The Pleistocene , which had an impact on the geomorphological and geological characteristics of the basin. On the German side, the Berzdorf coal seam has an average thickness of 80 meters and an extension of about three by eight kilometers. In comparison, the seams in Lower Lusatia have a thickness of ten meters over a length of about one hundred kilometers. Around 1835, lignite mining began south of Görlitz at

416-524: The Wars of Liberation . Markersdorf is often also called "Napoleonsdorf". In the village, marshal Géraud Duroc , wounded in the Battle of Bautzen (1813) , died. [REDACTED] Media related to Markersdorf (Sachsen) at Wikimedia Commons This Görlitz location article is a stub . You can help Misplaced Pages by expanding it . Navigability A body of water , such as a river , canal or lake ,

448-643: The stream bed . Inland Water Transport ( IWT ) Systems have been used for centuries in countries including India, China, Egypt, 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

480-556: 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, 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

512-577: The US Army Corps of Engineers as codified under 33 CFR 329 , are those waters that are subject to 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

544-416: 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 the Clean Water Act. Therefore, the Clean Water Act establishes Federal jurisdiction beyond "navigable waters" extending

576-546: The costly train operation, and modern bucket-wheel excavators produced up to 50,000 tons of coal per day. During the peak production period in the 1980s, the open pit mine was the workplace of around 7,000 people. In 1988, the village of Deutsch-Ossig also had to make way for coal mining. After more than 150 years of lignite mining, coal production ceased in December 1997. A recoverable lignite volume of 60 million tons remained. This volume would have made it necessary to convert

608-587: The course of Saxon municipal reforms. The former seven municipalities still exist as equal districts within the municipality, which is symbolized by its coat of arms – seven identical leaves on a tree. Markersdorf lies at the foot of the Landeskrone , bordering the town of Görlitz to the east. The Weißer Schöps flows through the municipality. In the south-east of the municipality is the Berzdorfer See (Berzdorf Lake) . The municipality of Markersdorf

640-425: The judiciary can make a definitive ruling as to which are navigable waters.33 CFR 329 For 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

672-516: The lake. "With one blow, the lake was full," as Görlitz-Mayor Siegfried Deinege looked back in August 2017. On February 6, 2013, the LMBV announced that the flooding target of Lake Berzdorf (186 m MSL ) had been reached. Like many other former open-cast mining pits, the lake is used for recreational purposes in addition to visual landscaping. A boat harbor with a 150-meter-long quay wall has been built in

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704-587: The limited purpose of avoiding obstacles to navigation such as 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,

736-529: The northern shore has been accessible since the end of 2018. With the declaration of navigability by the State of Saxony, the lake will be open to motorboats and passenger vessels during the day between April and October from September 12, 2022. Two restricted areas on the western shore may not be navigated at all. Kitesurfing, water skiing and amphibious vehicles remain generally prohibited. Markersdorf Markersdorf ( Upper Sorbian : Markoćicy )

768-556: The power plant to desulfurization technology within the estimated 10 to 15 years. This would not have been economically viable. As a technical monument of this time, the Excavator 1452 can be visited. The Lusatian and Central German Mining Management Company (de: LMBV ) transformed the post-mining landscape into a recreational area. In 2002, flooding of the open pit with water from the Pließnitz River began. Flooding from

800-454: The question is asked. Numerous federal agencies define jurisdiction based on navigable waters, including admiralty jurisdiction, pollution control, to 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

832-470: The site of the former village of Berzdorf, at that time in underground shafts . In 1919, mining was switched to open pit. In 1927, the open pit was flooded for reasons of profitability. After the end of World War II in 1946, the open pit mine underwent reactivation. The groundwater lake was drained and lignite mining was strongly promoted in a three-shift system . In 1958, the Hagenwerder I power plant

864-514: The south. There are several lookout points with information boards along the 18-kilometer-long lakeside path, including at Deutsch-Ossig and at Klein Neundorf. In 2008, the more than twenty-meter-high Neuberzdorfer Höhe lookout tower was completed on the west bank on the Neuberzdorfer Höhe. The bathing areas at the so-called Blue Lagoon on the south side as well as on the east side in Hagenwerder were opened in 2010. The bathing beach on

896-453: The unauthorized obstruction of a navigable water of 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

928-530: 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 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

960-475: The waterway through private property, it 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

992-696: Was first mentioned in print in 1360, in a foundation certificate in the Görlitz city book. The first church is said to have been built in Jauernick as early as 980. The proximity of the city of Görlitz brought the surrounding area not only economic boom, but also suffering in times of war. Thus, the community was affected during the Hussite Wars , the Thirty Years' War , the Seven Years' War and

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1024-454: Was put into operation to utilize the lignite on site. The area required for open pit mining was large: from 1962 to 1965, the village of Berzdorf was relocated to Schönau-Berzdorf. During these years, Plant II was already commissioned, followed by Plant III in 1970. Thus, the open pit mine developed into a large-scale open pit mine, with production rates of up to 7 million tons of lignite per year. Technologically, conveyor belt operation replaced

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