General scope of determination.

33 C.F.R. § 329.5
in effectEffective: 2024-07-01
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The several factors which must be examined when making a determination whether a waterbody is a navigable water of the United States are discussed in detail below. Generally, the following conditions must be satisfied: (a) Past, present, or potential presence of interstate or foreign commerce; (b) Physical capabilities for use by commerce as in paragraph (a) of this section; and (c) Defined geographic limits of the waterbody.

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