Misplaced Pages

#35964

32-862: Kentucky Lake is a major navigable reservoir along the Tennessee River in Kentucky and Tennessee . It was created in 1944 by the Tennessee Valley Authority 's impounding of the Tennessee River via Kentucky Dam for flood control and hydroelectric power. The 160,309-acre (649 km) lake is the largest artificial lake by surface area in the United States east of the Mississippi River , with 2,064 miles (3,322 km) of shoreline. Kentucky Lake has

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

96-480: 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 is moved by this mode of transport. Waterways provide enormous advantages as a mode of transport compared to land and air modes of transports. Code of Federal Regulations In the law of the United States , the Code of Federal Regulations ( CFR )

128-659: 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'

160-457: A flood storage capacity of 4,008,000  acre⋅ft (4.944 km), more than 2.5 times the next largest lake in the TVA system. It provides a source for hydro-electric power. Also, as one of the lakes alluded to by the name of Land Between The Lakes National Recreation Area , it is a recreational destination of western Kentucky and Tennessee . The lake is a desirable fishing area. Records for

192-663: 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

224-671: A one" or similar. While new regulations are continually becoming effective, the printed volumes of the CFR are issued once each calendar year, on this schedule: The Office of the Federal Register also keeps an unofficial, online version of the CFR, the e-CFR, which is normally updated within two days after changes that have been published in the Federal Register become effective. The Parallel Table of Authorities and Rules lists rulemaking authority for regulations codified in

256-591: A process that includes (a) publication of the proposed rules in a notice of proposed rulemaking (NPRM), (b) certain cost-benefit analyses, and (c) request for public comment and participation in the decision-making, and (d) adoption and publication of the final rule, via the Federal Register . Rulemaking culminates in the inclusion of a regulation in the Code of Federal Regulations. Such regulations are often referred to as "implementing regulations" vis-a-vis

288-402: 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

320-642: A substantive scope (typically using language such as "The Secretary shall promulgate regulations to [accomplish some purpose or within some scope]" and (b) procedural requirements (typically to invoke rulemaking requirements of the Administrative Procedure Act (APA), Paperwork Reduction Act (PRA, codified at 44 U.S.C.   §§ 3501 – 3521 ), Regulatory Flexibility Act (RFA, codified at 5 U.S.C.   §§ 601 – 612 ), and several executive orders (primarily Executive Order 12866 )). Generally, each of these laws requires

352-437: A survey they conducted "revealed that members of the public, librarians, researchers, students, attorneys, and small business owners continue to rely on the print" version of the Federal Register . AALL also argued that the lack of print versions of the Federal Register and CFR would mean the 15 percent of Americans who do not use the internet would lose their access to that material. The House voted on July 14, 2014, to pass

SECTION 10

#1732779783036

384-587: A type of invasive species that have started to accumulate in the waterways throughout Kentucky. They pose a major threat to the environmental stability of the lake because of their competition with native fish species. Bigheaded carp were first reported in Lake Barkley and Kentucky Lake in 2002. Their numbers have since increased greatly; they now can be found throughout both lakes and are exhibiting extremely fast growth. Some restaurants in Kentucky and across

416-613: 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

448-491: 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

480-566: Is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States . The CFR is divided into 50 titles that represent broad areas subject to federal regulation. The CFR annual edition is published as a special issue of the Federal Register by the Office of the Federal Register (part of the National Archives and Records Administration ) and

512-575: The Government Publishing Office . In addition to this annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily. Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere. These statutes are called "authorizing statute" or "enabling statute" (or "authorizing legislation"). Authorizing statutes typically have two parts:

544-580: 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

576-556: 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

608-459: The CFR. The CFR is divided into 50 titles that represent broad subject areas: The Federal Register Act originally provided for a complete compilation of all existing regulations promulgated prior to the first publication of the Federal Register , but was amended in 1937 to provide a codification of all regulations every five years. The first edition of the CFR was published in 1938. Beginning in 1963 for some titles and for all titles in 1967,

640-555: The Office of the Federal Register began publishing yearly revisions, and beginning in 1972 published revisions in staggered quarters. On March 11, 2014, Rep. Darrell Issa introduced the Federal Register Modernization Act (H.R. 4195; 113th Congress) , a bill that would revise requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for

672-577: 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

SECTION 20

#1732779783036

704-416: 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

736-479: The authorizing statute. The rules and regulations are first promulgated or published in the Federal Register . The CFR is structured into 50 subject matter titles. Agencies are assigned chapters within these titles. The titles are broken down into chapters, parts, sections and paragraphs. For example, 42 C.F.R. § 260.11(a)(1) would indicate "title 42, part 260, section 11, paragraph (a)(1)." Conversationally, it would be read as "forty-two C F R two-sixty point eleven

768-411: The country have added carp to their menus, noting its clean taste, white meat, low mercury content, and affordable cost. Navigable river 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

800-425: 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

832-423: The largest of three species of fish ever taken in Kentucky have been set at this lake: white bass (5 lb [2.3 kg]), Buffalo carp (55 lb [25 kg]), and yellow perch (1 lb 4 oz [0.57 kg]). It is also the major attraction for two Kentucky state parks : Kentucky Dam Village State Resort Park to the north and Kenlake State Resort Park to the west. Asian carp are

864-587: 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,

896-474: The publication of the Code of Federal Regulations to reflect the changed publication requirement in which they would be available online but would not be required to be printed. The American Association of Law Libraries (AALL) strongly opposed the bill, arguing that the bill undermines citizens' right to be informed by making it more difficult for citizens to find their government's regulations. According to AALL,

928-454: 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

960-453: 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

992-530: 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

Kentucky Lake - Misplaced Pages Continue

1024-475: 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

#35964