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OHWMOrdinary High Water Mark
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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
ordinary high water mark of that jurisdictional water," or
ordinary high water mark, and thus to qualify as a tributary.
an ordinary high water mark can be identified upstream of the
1908), a riparian (waterfront) landowner in Nassau County claimed private ownership of part of the bed of the Amelia River on the basis of a swamp deed.(56) In unanimously rejecting his claim, the Florida Supreme Court held that a swamp deed "does not affect the title held by the state to lands under navigable waters by virtue of the sovereignty of the state."(57) Because the marsh lands lay below the ordinary high water mark of the Amelia River, they were not "swamp and overflow lands" within the meaning of the act but sovereignty lands which the trustees of the Internal Improvement Fund had no authority to convey.(58) The identical issue was addressed in Martin v.