State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Question

Quizplus · Accepted Answer

Some state courts have interpreted "navigable waters" more broadly to include non-navigable waterways that still have a significant connection to interstate commerce, while others have required actual navigability for the waterway to be considered "navigable waters" under the law.

State Courts Are Not All in Agreement Over Whether Water