Melissa, I particulary like "The federal test of navigability is not a
technical test. There are no measurements of river width, depth, flow,
or steepness involved. The test is simply whether the river is usable
as a route by the public, even in small craft such as canoes, KAYAKS,
and rafts. Such a river is legally navigable even if it contains big
rapids, waterfalls, and other obstructions at which boaters get out,
walk around, then re-enter the water." (my emphasis) from
http://www.nationalrivers.org/states...nu.htm#law.htm

Also very useful: "State and local restrictions on use of navigable
rivers have to be legitimately related to ENHANCING public trust value,
not reducing it. Rivers cannot be closed or partially closed to appease
adjacent landowners...." (my emphasis)

Also nice to know: "Fact: The U.S. Supreme Court has repeatedly ruled
that "rivers that are anvigable in fact are navigable in law." If a
river is physically navigable, it is legally navigable. No court or
agency has to designate it as such."
http://www.nationalrivers.org/us-law-facts.htm

WOW! "Fact: Even rivers that are physically navigable only by canoe,
kayak, and raft are still legally navigable. (The courts have also
ruled that commercial recreational river trips qualify as commerce).
Because they are legally navigable, such rivers are held in trust for
the public by the states, for navigation, recreation, and fisheries.
The land along them is public land up to the ordinary high water mark
(which can be quite a distance from the water--it's the land where the
vegetation and soil show the effects of water.) The public can use this
land for walking, fishing, resting, camping, and other non-destructive
visits."

Hmmmm.... see you on Scott's creek soon, eh? GRIN

frtzw906