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Public Trust Doctrine
Module 1: What Is It?
Module 2: A Dynamic Doctrine
Module 3: Geographic Scope
Module 4: Determining Public Trust
Module 5: The Trust Responsibilities of States
Module 6: Administering the Trust
Module 7: Riparian Rights and Takings
Module 8: Concurrent State and Federal Authority
Module 9: Advocating the Trust
Glossary
Public Trust Doctrine
Module 3-Lesson 1
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The Reach of the Public Trust Doctrine (1 of 4)

Navigable Waters

The geographic scope of the Public Trust Doctrine is the extent of navigable waters. The meaning of the term “navigable waters,” however, varies and continues to evolve. Federal and state governments, for example, define the term differently. Thus, where the boundaries between public and private rights lie is often at issue.

Federal Definition

The federal government identifies navigable waters as tidewaters or freshwaters that it has the authority to maintain, improve, and regulate for interstate commerce: in other words, those waters that are capable of actual navigation (as determined by the Army Corps of Engineers).

Both tidewaters and freshwaters may also be classified as non-navigable by the federal government. The federal designation of waters as non-navigable does not in itself determine Public Trust interests.
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