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26-663: Sinepuxent Bay is an inland waterway which connects Chincoteague Bay to Isle of Wight Bay , and is connected to the Atlantic Ocean via the Ocean City Inlet . It separates Sinepuxent Neck , in Worcester County, Maryland from Assateague Island , and West Ocean City, Maryland from downtown Ocean City . Islands in the Sinepuxent Bay include Horn Island and Skimmer Island. It is crossed by

52-479: A UNESCO World Heritage Site , the oldest known waterway system in the world, is considered to be one of the world's largest and most extensive project of engineering . The European Conference of Ministers of Transport established in 1953 a classification of waterways that was later expanded to take into account the development of push-towing. Europe is a continent with a great variety of waterway characteristics, which makes this classification valuable to appreciate

78-498: 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

104-525: A river , canal or lake , 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

130-659: 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'

156-663: 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

182-498: A navigable waterway through the barrier island during the colonial era, was located just south of the Assateague Island National Seashore day-use area. In September 1698 French pirate Canoot seized a Philadelphia-based sloop "as he was coming out of Cinnepuxon Inlet." The Inlet was closed in a hurricane in 1818 , and was filled in by sand in 1860. Sinepuxent was a once-thriving community on

208-402: 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

234-589: A waterway that could be termed "inland" but in practice is generally referred to as a "maritime waterway" (examples Seine Maritime, Loire Maritime , Seeschiffahrtsstraße Elbe). The term "inland waterway" refers to navigable rivers and canals designed to be used by inland waterway craft only, implicitly of much smaller dimensions than seagoing ships. In order for a waterway to be navigable , it must meet several criteria: Vessels using waterways vary from small animal -drawn barges to immense ocean tankers and ocean liners , such as cruise ships . In order to increase

260-613: 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

286-491: 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

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312-863: The Harry W. Kelley Memorial Bridge on U.S. Route 50 and the Verrazano Bridge on Maryland Route 611 (not to be confused with the Verrazzano-Narrows Bridge in New York City; both were named for Giovanni da Verrazzano , who explored the coastline in 1524). The bay is the location of the islands that compose the Sinepuxent Bay Wildlife Management Area . Historically the area was referred to by various names including Sinepuxent, Sene Puxon, Synepuxent, Cinnepuxon, et al . Sinepuxent Inlet ,

338-643: 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

364-556: 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

390-577: 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

416-416: 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

442-606: The changes that the creation of the Ocean City Inlet made to tidal flows in the bays, the United States Army Corps of Engineers now internally defines the Isle of Wight Bay as extending south to the inlet, and Sinepuxent Bay extending south from the inlet to Chincoteague Bay , despite historical naming conventions. Inland waterway Where seaports are located inland, they are approached through

468-522: The different classes in waterway. There is also a remarkable variety of waterway characteristics in many countries of Asia, but there has not been any equivalent international drive for uniformity. This classification is provided by the UN Economic Commission for Europe , Inland Transport Committee, Working Party on Inland Water Transport. A low resolution version of that map is shown here. Navigability A body of water , such as

494-934: The importance of inland waterway transport, the European Commission presented a 35-point action plan in June 2021. The main goals are to increase the amount of goods moved through Europe's rivers and canals and to speed up the switch to zero-emission barges by 2050. This is in accordance with the Sustainable and Smart Mobility Strategy and the European Green Deal , which set the target of boosting inland canal and short-sea shipping by 25% by 2030 and by 50% by 2050. Waterways have been an important part of human activity since prehistoric times and navigability has allowed watercraft and canals to pass through every body of water . The Grand Canal (China) ,

520-425: 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

546-587: 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,

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572-457: The mainland about a half mile north of the Verrazano Bridge , also destroyed in the same hurricane. The current inlet, known as Ocean City Inlet , was cut by the great 1933 Chesapeake–Potomac hurricane , also known as Hurricane Six of 1933. The new inlet was stabilized by rock jetties constructed by the United States Army Corps of Engineers , with work commencing in October 1933. Because of

598-454: 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

624-453: 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

650-530: 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

676-475: 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

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