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<blockquote data-quote="deleted member" data-source="post: 265444" data-attributes="member: 816">i did a lot of research for a client a few years back who had accessed a large named slough from a right of way in a duck boat.&nbsp; that's a whole other animal.&nbsp; but, here is an article i had stored.&nbsp; <a href="http://www.swc.nd.gov/pdfs/navigability_report.pdf" target="_blank">http://www.swc.nd.gov/pdfs/navigability_report.pdf</a>apple creek hasn't been adjudicated or determined to be navigable yet.&nbsp; but, that doesn't mean&nbsp; it isn't.&nbsp; not familiar with it really.&nbsp; by the looks for picture, it looks somewhat similar to the mouse or sheyenne.&nbsp; here is some important language from the article...“Precise&nbsp; &nbsp; definitions&nbsp; &nbsp; of&nbsp; &nbsp; ‘navigable&nbsp; &nbsp; waters&nbsp; &nbsp; of&nbsp; &nbsp; the&nbsp; &nbsp; United&nbsp; &nbsp; States’&nbsp; &nbsp; or&nbsp; &nbsp; ‘navigability’&nbsp; &nbsp; are&nbsp; &nbsp; ultimately&nbsp; &nbsp; dependent&nbsp; &nbsp;&nbsp; on&nbsp; &nbsp;&nbsp; judicial&nbsp; &nbsp;&nbsp; interpretation&nbsp; &nbsp;&nbsp; and&nbsp; &nbsp;&nbsp; cannot&nbsp; &nbsp;&nbsp; be&nbsp; &nbsp;&nbsp; made&nbsp; &nbsp;&nbsp; conclusively&nbsp; &nbsp;&nbsp; by&nbsp; &nbsp;&nbsp; administrative&nbsp; &nbsp; agencies.”&nbsp; &nbsp; &nbsp; &nbsp; 33&nbsp; &nbsp; C.F.R.&nbsp; &nbsp; §&nbsp; &nbsp; 329.3&nbsp; &nbsp; (1986).&nbsp; &nbsp; &nbsp; &nbsp; Conclusive&nbsp; &nbsp; determinations&nbsp; &nbsp; of&nbsp; &nbsp; navigability&nbsp; &nbsp; can&nbsp; &nbsp; be&nbsp; &nbsp; made&nbsp; &nbsp; only&nbsp; &nbsp; by&nbsp; &nbsp; courts.</blockquote>

[QUOTE="deleted member, post: 265444, member: 816"] i did a lot of research for a client a few years back who had accessed a large named slough from a right of way in a duck boat. that's a whole other animal. but, here is an article i had stored. [URL]http://www.swc.nd.gov/pdfs/navigability_report.pdf[/URL] apple creek hasn't been adjudicated or determined to be navigable yet. but, that doesn't mean it isn't. not familiar with it really. by the looks for picture, it looks somewhat similar to the mouse or sheyenne. here is some important language from the article... “Precise definitions of ‘navigable waters of the United States’ or ‘navigability’ are ultimately dependent on judicial interpretation and cannot be made conclusively by administrative agencies.” 33 C.F.R. § 329.3 (1986). Conclusive determinations of navigability can be made only by courts. [/QUOTE]

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