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(5) Excepts those waters that are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters that are subject to the ebb and flow of the tide shoreward to their mean high water mark, or mean higher high water mark on the west coast, including wetlands adjacent thereto.
ordinary high water mark of a traditional navigable water, interstate
1994) (holding that neither Federal decisions nor formulations for locating the boundary which have been adopted by different states have any bearing on Florida's legal ordinary high water boundary).
Ordinary High Water Line Determinations: Legal Issues, (62) by Richard Hamann and Jeff Wade, states as its purpose, "to assist practitioners in interpreting the law of ordinary high water line determinations (i.e., nontidal waters)." (63) It is included in this article for its references to the public trust doctrine and statement of the general rule of law with regard to state ownership of sovereignty lands.
Army Corps of Engineers and the Oregon Division of State Lands require permits for any removal of material below the river's ordinary high water mark, he said.
Instead of record title, the navigable character of the water body creates notice of public ownership.(11) The boundary of navigable freshwater lakes and rivers is the ordinary high water line.(12) The public has the right to make all lawful uses of sovereignty lands up to this boundary line, including use of the shore or space between ordinary high and ordinary low water marks.(13)
Not only can people boat or fish from the surface of the water, he said, but they are entitled to engage in other water-dependent uses below the line of ordinary high water, such as swimming, sunbathing and fishing on foot.
However, the house still had to be sited at least 100 feet from the "ordinary high water" line, a visible mark left along rivers and creeks by debris deposited there during routine winter flows.