Navigable Waters

Quick definition

Navigable waters are waters legally recognized as capable of being used for commerce or travel, often triggering special regulatory and public rights.

What it means in practice

Navigability can affect ownership, public access, permitting, and which legal protections apply. It can also shape government duties under doctrines like the public trust and determine the reach of certain regulatory frameworks.

Why it matters for rights of nature

Many legal protections are stronger around navigable waters. Understanding the category helps explain what the law already recognizes and where important gaps remain.

Related Terms

Balancing of Interests

Balancing of interests means nature’s interests are included and weighed as legally cognizable interests – without assuming nature automatically wins every conflict.

Beneficial Use

Beneficial use is a water-law principle that ties water rights to recognized uses, rather than allowing water to be hoarded.

Cause of Action

A cause of action is the specific legal claim that lets a court hear your case, what law was violated and what the plaintiff is entitled to ask for.

Declaratory Judgment

A declaratory judgment is a court decision that clarifies legal rights and duties, declaring what the law means and how it applies, without necessarily ordering immediate action.

Due Process

Due process is the legal requirement that government actions affecting rights follow fair procedures, and in some contexts, be substantively fair.

Duty of Care

A duty of care is a legal obligation to act reasonably to avoid causing foreseeable harm.

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