---
kind: "section"
citation: "33 C.F.R. § 329.10"
title: "33"
number: "329.10"
heading: "Existence of obstructions."
url: "https://uscodex.org/cfr/33/329.10"
---

# §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.


## Notes

### Authority

Authority: 33 U.S.C. 401 et seq.

### Source

Source: 51 FR 41251, Nov. 13, 1986, unless otherwise noted.