How are waterways defined?

   / How are waterways defined? #1  

Gem99ultra

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I'm confused on what defines a waterway designation. For example, what is the difference in a creek and a river. Or a river and a bayou, etc.?

I do understand the difference in the Order of waterways, but not the designation. I've seen bayous that were many times larger than rivers. and sometimes rivers that are smaller than creeks. Is there some logic to the naming of waterways as branches, creeks, rivers, bayous, etc.?

Do all rivers run perennial, i.e. must they have running water year around?

This seems to be very clear to lawmakers stating what we can and can not do with water from our streams, but I sure haven't seen anything that makes it clear as to what waterways the law effects. I'd sure appreciate someone clearing this befuddling question up for me.
 
   / How are waterways defined? #2  
I sure haven't seen anything that makes it clear as to what waterways the law effects.
A neighbor trespassed onto my property when I was away and diverted a stream to feed his pond. Another neighbor tipped me off that they had heard heavy equipment operating on my property while I was absent. I investigated and then reported I what I discovered to the Dept. of Natural Resources. The agent they sent out to meet me puffed his chest all up and said "I don't care if it's a river or a mud puddle, NO ONE can IN ANY WAY alter a body of water or waterway in Michigan !" He then marched over to the neighbor to confront him. The neighbor lied, saying he had diverted 7 years ago. The big chested agent returned to me with the news the diversion work was done more than 5 years ago, was outside their jurisdiction period, and nothing could/would be done to it. I said "Then there's no problem with me undoing what was done on my property". His response "NO ONE can IN ANY WAY alter a Michigan body of water / waterway!".

So to answer your question, it doesn't matter from a legal perspective what it's called. Wait, that wasn't your question was it? ;)
 
   / How are waterways defined? #3  
I have noticed the same thing. There are no official definitions, it is more a case of 'that is what they named it'. I think names largely came from the perspective of the person who named it. If you lived your life next to the Mississippi and then moved out West pretty much everything you came across would be a 'creek' (or 'crick').
 
   / How are waterways defined? #4  
It also depends on what state you live in. Louisiana defines waterways differently than other states. Louisiana defines navigable waterways as ones that were navigable at the time of statehood in 1812. These waterways are open to the public. However, as everyone knows, millions of acres of land in Louisiana have turned into waterways since 1812 and all these waterways are privately owned and you can be arrested for trespassing on them. Owners do not even have to post "no trespassing" signs.

Louisiana's trespass laws lock anglers out of most coastal marshes | NOLA.com
 
   / How are waterways defined? #5  
I have heard that a river must stretch 100 miles and a creek doesn't. I don't know this to be true though. Here in Va we have a bay. In NC they have a sound.
 
   / How are waterways defined? #6  
There is not one good definition from a legal standpoint. Each law usually has it's own definition and they don't always agree. For example, here is the EPA's definition of Waterways of the US for disposal sites for dredged materials.

eCFR

Here is the Corp of Engineers definition of "Navigable Waterways" that the Coast Guard uses, especially 329.4.

eCFR

When I was on the HazMat team if the storm drain or dry ditch that only had water after a rainstorm eventually fed into a navigable waterway, regardless of the distance, the Coast Guard considered it part of the navigable waterway. It was considered the headwaters. All storm drains and ditches, creeks, etc. in my city eventually drained into the Trinity River, which fed into the Gulf of Mexico, about 600 miles away. If there was a spill it had to be cleaned up.
 
   / How are waterways defined? #7  
The neighbor lied, saying he had diverted 7 years ago. The big chested agent returned to me with the news the diversion work was done more than 5 years ago, was outside their jurisdiction period, and nothing could/would be done to it. I said "Then there's no problem with me undoing what was done on my property". His response "NO ONE can IN ANY WAY alter a Michigan body of water / waterway!".

Have you tried to find aerial imagery (ie, google maps) that show that the water had not been diverted 5 years earlier?

And yea, for the original question. If you're looking for a legal definition, you need to look at each law or regulation separately. Each one will have its own section of definitions, which may reference some other laws definition. And no, the common sense or dictionary definitions no longer apply once you get lawmakers involved.

Keith
 
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   / How are waterways defined? #9  
If a rubber ducky would float if there was water, someone regulates it as a waterway.

:(

Bruce
 
   / How are waterways defined? #10  
Have you tried to find aerial imagery (ie, google maps) that show that the water had not been diverted 5 years earlier?

Even if I found it it would mean having to involve some governmental agency or the courts to get it settled. Unfortunately for my neighbor there was the biggest ice dam I have ever witnessed on the creek this spring :cool: When it let loose it took out everything between it and the the point where the creek empties into the river including his little man made dam that forced water into the diversion channel, and we all now know that "NO ONE can IN ANY WAY alter a Michigan body of water / waterway!" so he won't be putting it back :D
 

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