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45-768: The Huddersfield Narrow Canal is an inland waterway in northern England . It runs just under 20 miles (32 km) from Lock 1E at the rear of the University of Huddersfield campus, near Aspley Basin in Huddersfield , to the junction with the Ashton Canal at Whitelands Basin in Ashton-under-Lyne . It crosses the Pennines by means of 74 locks and the Standedge Tunnel . The canal

90-498: 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

135-430: A car park covered part of the route. Restoration caused some local controversy as it involved the felling of a row of mature cherry trees which had been planted along the infilled line although the local authority claimed that the trees were in poor condition and were unlikely to last for many more years in any case. Lock 21E was relocated a short distance upstream, to the other side of Platt Lane, in order to ensure that

180-406: 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. Colne Valley The Colne Valley / ˈ k oʊ n / is a steep sided valley on

225-659: 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'

270-663: 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

315-402: 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

360-553: A single span cast iron structure, similar to the Holmes Aqueduct on the Derby Canal . Outram set out to overcome the problems with the Holmes Aqueduct by making the walls thicker where they joined the baseplates which were also thicker. However a major stress was the compressive force along the top of the wall plates where they bow outwards or inwards. In 1875 cross bracings were added to reinforce it. The Stakes Aqueduct

405-597: Is 5,700 yards (5,200 m) long, making it the longest canal tunnel in the United Kingdom . It is largely brick lined but in some places the tunnel has been left with a natural rock surface. In 1810, the Diggle Moss Reservoir gave way and Marsden was again flooded along with much of the Colne Valley . Houses and factories were wrecked and five people lost their lives. The force of the water

450-613: 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

495-446: Is also a Site of Special Scientific Interest . 53°32′15″N 2°00′26″W  /  53.53750°N 2.00722°W  / 53.53750; -2.00722 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

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540-491: 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

585-720: Is the oldest surviving aqueduct of its type that is still in use for its original purpose. Although the canal uses 74 locks to climb and descend the Pennines , there would have had to be many more without the digging of a very long tunnel through the Tame/Colne watershed (the River Colne flowing down to Huddersfield and the River Calder , and the Tame flowing down to Stockport and the River Mersey ). The canal tunnel

630-484: The Ashton Canal near Ashton-under-Lyne . There were many woollen , worsted and cotton mills along its route which promised ample trade. However, there was the possible problem of the loss of their water supplies and so Outram proposed to build a number of reservoirs. The canal was authorised by the Huddersfield to Ashton-under-Lyne Canal Act 1794 ( 34 Geo. 3 . c. 53). Construction began that same year with

675-1150: The Manchester, Bolton and Bury Canal and Wey and Arun Canal at Rowner Lock . The canal is part of the South Pennine Ring crossing the Pennines twice – the other crossing is the Rochdale Canal . The canals are linked at the western (Lancashire) end by the Ashton Canal and at the eastern (Yorkshire) end by the Huddersfield Broad Canal and a length of the Calder and Hebble Navigation . This takes in Huddersfield , Golcar , Slaithwaite , Marsden , Saddleworth , Diggle , Uppermill , Greenfield , Mossley , Stalybridge , Ashton-under-Lyne , Manchester at its central Cheshire Ring ( New Islington ) and Etihad stadium (Bradford/Eastlands) districts, Failsworth , Rochdale , Littleborough , Todmorden , Hebden Bridge , Sowerby Bridge , Elland and Brighouse . The Huddersfield Canal area

720-643: 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

765-654: The streams and rivers, the area was set to become a major producer of textiles . The Colne and the Huddersfield Narrow Canal provided transport links which were added to by road and railway links to Huddersfield and Leeds to the east and Manchester and Liverpool to the west. By the end of the Second World War , the importance of the Colne Valley as a centre of textile production had begun to decrease and Huddersfield Narrow Canal

810-556: 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

855-706: The Huddersfield Narrow Canal and the Huddersfield Broad Canal. Due to a legal quirk, the stretch of the canal from Lock 1E to Queen Street South Bridge was not included in the original abandonment of the canal. Whilst locks on the remainder of the canal were capped, cascaded or demolished, locks 1E and 2E remained gated but eventually fell into dereliction. The old gates were only removed when canal restoration work started. Two factories, Bates and Sellers Engineering, had been built immediately upstream of locks 2E and 3E respectively on

900-477: The Platt Lane crossing could be achieved by a conventional bridge instead of the swing bridge that had existed prior to closure. The stretch from 22E to 23E threads its way through an extremely tight space. Britannia Road Bridge was formerly hump backed but changes in traffic levels since closure rendered such a bridge impractical and instead the pound from 22E to 23E was lowered by 12 inches (300 mm). On

945-487: The Tunnelend Reservoir devastated the village of Marsden . Two aqueducts were also destroyed, diverting the company's already-stretched funds. The Stakes Aqueduct was already in use and had to be replaced immediately. Outram had built it of stone and, due to its low height, it had needed to be constructed in four short spans. The narrow openings had impeded the unprecedented overflow and Outram replaced it with

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990-577: 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

1035-416: 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

1080-426: The canal company committee. Progress was slow and erratic. It was also unfortunate that Outram was seriously ill for long periods between 1795 and 1797. The company was also short of money, partly because the costs had been seriously underestimated but also because shareholders were not honouring their pledges. In 1799, severe floods damaged earthworks along the canal and various reservoirs . In particular, overflow of

1125-532: The deep piling remains secure. Eleven years later, Sellers Engineering relocated to a new site. This enabled Lock 3E to be relocated again, this time to a site near the original Lock 3E. The stretch of canal previously in a tunnel under the factory was brought back to the surface and become a feature of the Huddersfield Waterfront development. The section of canal through Slaithwaite town centre, between locks 21E and 23E, had been culverted and

1170-644: The east flank of the Pennine Hills in the English county of West Yorkshire . It takes its name from the River Colne which rises above the town of Marsden and flows eastward towards Huddersfield. The name is used to describe that section of the valley between its source and Huddersfield at the point where the River Holme joins the Colne. The name can describe the whole valley of the Colne, including

1215-499: The eastern end of Lock 1E. Lock 1E is to the west of the A629 Wakefield Road and the canal had been filled in beneath the road. A new bridge was built in 1985 but the width was only sufficient for narrowboats and so the 300 yards (270 m) section of broad canal from the bridge to Lock 1E is not accessible to vessels wider than seven feet (2.1 m). The bridge thus forms the effective, but unofficial, boundary between

1260-425: 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

1305-587: 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,

1350-405: The line of the canal and blocking it. In each case, the solution was the same: the lock was relocated upstream of the factory and a tunnel constructed below the factory. This avoided disruption to the firms using the sites. The remodelling of the canal can be clearly seen between the former site of Lock 2E and Queen Street South Bridge where a framework of girders sits above the channel to ensure that

1395-434: The marking out of the route. The practice was to set up a line of pegs or stakes about 50 yards (46 m) apart so that their tops would indicate the intended water level. It would then be possible to construct the appropriate embankments and cuttings. As engineer, Outram provided an oversight of the work but he was also occupied by other projects. Day-to-day management was carried out by contractors employed and organised by

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1440-413: The period of time when the canal was closed, several lengths were culverted and infilled and in some cases built over. Over the course of the restoration project, the vast majority of the obliterated line became available to be opened out again and the canal remains on a substantially identical alignment with some minor alterations. The Huddersfield Narrow Canal connects with the Huddersfield Broad Canal at

1485-454: 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

1530-560: The section through Huddersfield its confluence with the River Calder at Cooper Bridge. Using the more common definition, the Colne Valley includes the towns and villages of Marsden , Slaithwaite , Linthwaite , Milnsbridge , Scapegoat Hill , Longwood and Golcar . The Colne Valley played a significant role in the development of the Industrial Revolution . Most of the population had been hand loom weavers for generations but when water-powered textile mills were built on

1575-400: The tunnel entrance behind a convoy of boats and walk over Boat Lane, accompanied by boat boys and girls leading the boat horses, to unchain the opposite end of the tunnel before the boat convoy arrived. This journey was made at least twice per day for over twenty years. The construction of a double railway tunnel parallel to Standedge canal tunnel adversely affected canal revenues and the canal

1620-453: 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

1665-530: 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

1710-475: 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

1755-504: The western side of the Pennines, the canal runs through the legs of an electricity pylon at Heyrod , near Stalybridge . The pylon had been erected during the period when the canal was closed and the only viable route for restoration was through the legs. No other such cases are known on navigable waterways worldwide although other pylons have been constructed across former waterways that have been filled in with rubble and soil such as

1800-525: Was an urban district of the West Riding of Yorkshire between 1937 and 1974. It was created by the merger of Golcar , Linthwaite , Marsden , Scammonden and Slaithwaite urban districts, and had a population of about 20,000. The Local Government Act 1972 saw it merged into the metropolitan borough of Kirklees . It is a ward of Kirklees Council, whose population at the 2011 census was 17,369. The Colne Valley parliamentary constituency preserves

1845-574: Was first proposed in 1793 at a meeting in the George Hotel , Huddersfield . Its engineer was Benjamin Outram on the recommendation of William Jessop . His plan was to start from the Huddersfield Broad Canal and follow the River Colne with a climb of 438 feet (134 m) to its summit where it would pass through a tunnel at Standedge before descending through Saddleworth and the Tame valley to

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1890-624: Was largely abandoned in 1944. The area is now primarily residential, its transport links making it ideal for commuters. Tourism is promoted: the Huddersfield Narrow Canal was reopened in 2001 and boat trips into Standedge Canal Tunnel are available; the National Trust advertises walks on Marsden Moor Estate ; and television programmes such as Last of the Summer Wine and Where the Heart Is have been filmed there. Colne Valley

1935-519: Was moderately successful for a while, its width (limited to boats less than 7 ft (2.1 m) wide), the large number of locks and the long Standedge Tunnel made it much less profitable than its main rival the Rochdale Canal which had a similar number of locks but was twice as wide with no long tunnel. Standedge Tunnel proved to be a bottleneck having been constructed without a towpath. Narrowboats had to be 'legged' through, eventually by professionally employed leggers. A company employee would chain

1980-671: Was mostly abandoned in 1944 (a short stretch in Huddersfield survived until closure in 1963). After 27 years of campaigning and restoration by the Huddersfield Canal Society, the canal was fully re-opened to navigation in 2001 when it again became one of three Pennine crossings, the others being the Rochdale and the Leeds and Liverpool (both broad canals). The canal is now entirely used by leisure boaters. During

2025-547: Was such that a fifteen-ton rock was carried two miles (3.2 km) down the valley. Despite multiple problems, the building of the Huddersfield Narrow Canal showed that the technique of quantity surveying had advanced greatly. Thomas Telford 's report during the construction of the Standedge Tunnel covered every expenditure to the last bucket; it was followed to the letter and the canal finally opened in 1811. The canal operated for approximately 140 years. Although it

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