33 CFR § 329.10 - Existence of obstructions.
---
identifier: "/us/cfr/t33/s329.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 329.10 - Existence of obstructions."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "329.10"
section_name: "Existence of obstructions."
chapter_name: "CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE"
part_number: "329"
part_name: "DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 401"
regulatory_source: "51 FR 41251, Nov. 13, 1986, unless otherwise noted."
cfr_part: "329"
---
# 329.10 Existence of obstructions.
A stream may be navigable despite the existence of falls, rapids, sand bars, bridges, portages, shifting currents, or similar obstructions. Thus, a waterway in its original condition might have had substantial obstructions which were overcome by frontier boats and/or portages, and nevertheless be a “channel” of commerce, even though boats had to be removed from the water in some stretches, or logs be brought around an obstruction by means of artificial chutes. However, the question is ultimately a matter of degree, and it must be recognized that there is some point beyond which navigability could not be established.