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28-544: Nome River is a waterway on the Seward Peninsula in the U.S. state of Alaska . It has its source in a narrow valley in the southern margin of the Kigluaik Mountains , 4.5 miles (7.2 km) west of Salmon Lake . The point where Buffalo and Deep Canyon creeks join, which is regarded as its head, is 26 miles (42 km) north of Nome . Its valley is wide and is floored with a deep filling of gravels into which

56-479: 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

84-498: 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

112-525: 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

140-608: A broad, gravel-filled valley, part of the depression already described, which extends along the southern margin of the Kigluaik Mountains. It flows south for 40 miles (64 km) to Norton Sound at the Bering Sea . The mouth of the river is about 3 miles (5 km) southeast of Nome. The elevation of Nome River at Dexter Creek is less than 50 feet (15 m), which allows the river below that point an average grade of 4 feet per mile (0.8 m/km). From Dexter Creek to Hobson Creek

168-652: 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'

196-653: 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

224-402: 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

252-554: 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 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

280-591: 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

308-521: Is a tributary of Buster. Dewey Creek rises in the limestone hills 1.5 miles (2.4 km) north of the head of Lillian Creek and flows into Nome River about 4 miles (6 km) above Buster Creek. Banner Creek is a small stream tributary to Nome River from the west, about 3 miles (5 km) above Dexter Creek. Basin Creek is an easterly tributary of Nom River, about 4 miles (6 km) below Hobson Creek. Hobson Creek joins Nome River about 10 miles (16 km) from

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336-484: 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

364-620: 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

392-556: 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

420-566: 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

448-416: 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

476-476: The coastal plain. Most of the mining developments in the coastal plain of the Nome mining district are west of Nome River, but at several localities, prospects have been opened up to the east of the river. Stevens and Washington gulches flow through the tundra from the hill south of Osborn Creek into Nome River. Buster Creek, flowing from the northeast, enters Nom River a short distance below Dexter Creek; Lillian Creek

504-512: 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

532-425: 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

560-570: 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,

588-454: 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

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616-433: The river channel is incised to a depth ranging from 5 to 50 feet (1.5 to 15.2 m). In several places between Osborn and Darling creeks the river flats reach a width of a mile without attaining an elevation more than 50 feet higher than the top of the river banks. North of Darling Creek the valley narrows decidedly and below Osborn Creek it enters the coastal plain. It leaves this valley as a mountain torrent and debouches in

644-485: The river level rises 107 feet, or at the rate of 8 feet to the mile, and from Hobson Creek to the mouth of Deep Canyon Creek it rises 393 feet, or at the rate of 44 feet to the mile. The Nome River Valley has the same character as the Eldorado —that is, a broad upper basin, connected by a board pass with Kruzgamepa River waters, and below this basin a constricted valley, and nearer the sea a broad valley whose floor merges into

672-637: The sea; it has a narrow valley and a southerly course. Dorothy Creek is a tributary to the upper part of Nome River; it flows through a small canyon having a general northerly course. Waterway Where seaports are located inland, they are approached through 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

700-572: 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) ,

728-449: 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

756-523: 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

784-465: 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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