Just what is a navigable stream?

The Bureau County Soil and Water Conservation District and the Big Bureau Creek Watershed have had some inquiries on navigable streams. All bodies of water are “Waters of the United States.” The term “Waters of the United States” is defined as follows by the Environmental Protection Agency:

• All waters which are currently used, or 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.

• All interstate waters including interstate wetlands.

• All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:

• Which are or could be used by interstate or foreign travelers for recreational or other purposes.

• From which fish or shellfish are or could be taken and sold in interstate or foreign commerce.

• Which are used or could be used for industrial purposes by industries in interstate commerce.

• All impoundments of waters otherwise defined as waters of the United States under this definition.

• Tributaries of waters identified in paragraphs (s)(1) through (4) of this section.

• The territorial sea.

• Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States.

Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.

The Illinois Department of Natural Resources is a regulating agency that enforces the regulations of the public waters in Illinois. This means that there are violations and enforceable rules that they refer to. The administrative code that pertains to this section is 17 IL Adm. Code 3704 found on IDNR web site. http://www.dnr.state.il.us/legal/adopted/3704.htm There are navigable streams and there are some that are not. This means there are some streams you can do recreational activities on legally, and there are some that are owned by landowners. The landowners own the water body to the center of stream/creek. This means that if you are canoeing, tubing, boating, fishing, walking, etc in a stream that isn’t on the IDNR Web site, you could very well be trespassing. It is always best to get permission.