Vol. 23, No. 6 July 9, 2015

Traditionally Navigable Waters

The new definition of Waters of the U.S. (WOTUS) still includes “Traditionally Navigable Waters” (TNW)1.

While there have been many heated discussions over whether or not the Federal Government should be able to regulate waters beyond the limits of TNWs – we found that very few people have tried to describe or map TNWs!

Thus please feel free to review the results of our research on this topic – there are surprisingly few in this area:

If you have any questions regarding Traditionally Navigable Waters or our research presented above, please contact Boyd Sipe, John Mullen, Mark Headly, Dan Lucey, Mike Klebasko, Ben Rosner, or Mike Rolband.

1"All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide."