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The River and Harbors Act of 1915 is an American law passed by the United States Congress in 1915. [1] It provided federal funds for anchorage grounds to be built in various rivers and harbors around the country. Many projects were in Maine, Connecticut, New Jersey, and Maryland. [2] The law was one of a series of River and Harbors Acts passed regularly by Congress between 1824 and 1970.
Several sections of the 1915 Act have not been superseded and are still in effect under U.S. Code Title 33, covering navigable waters. These include a provision allowing the Army Corps of Engineers to receive private donations towards river and harbor improvement projects, a section covering the definition of channel depths and dimensions, and Congress' permission for the elimination of Swan Creek in Toledo, Ohio, although this has not been carried out as of 2019. [3]
The United States Army Corps of Engineers (USACE) is a direct reporting unit and engineer formation of the United States Army that has three primary mission areas: Engineer Regiment, military construction, and civil works. The day-to-day activities of the three mission areas are administered by a lieutenant general known as the chief of engineers/commanding general. The chief of engineers commands the Engineer Regiment, comprising combat engineer, rescue, construction, dive, and other specialty units, and answers directly to the Chief of Staff of the Army. Combat engineers, sometimes called sappers, form an integral part of the Army's combined arms team and are found in all Army service components: Regular Army, National Guard, and Army Reserve. Their duties are to breach obstacles; construct fighting positions, fixed/floating bridges, and obstacles and defensive positions; place and detonate explosives; conduct route clearance operations; emplace and detect landmines; and fight as provisional infantry when required. For the military construction mission, the chief of engineers is directed and supervised by the Assistant Secretary of the Army for installations, environment, and energy, whom the President appoints and the Senate confirms. Military construction relates to construction on military bases and worldwide installations.
The Intracoastal Waterway (ICW) is a 3,000-mile (4,800 km) inland waterway along the Atlantic and Gulf of Mexico coasts of the United States, running from Massachusetts southward along the Atlantic Seaboard and around the southern tip of Florida, then following the Gulf Coast to Brownsville, Texas. Some sections of the waterway consist of natural inlets, saltwater rivers, bays, and sounds, while others are artificial canals. It provides a navigable route along its length without many of the hazards of travel on the open sea.
The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.
Riparian water rights is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada, Australia, New Zealand, and states in the eastern United States.
The Federal Power Act is a law appearing in Chapter 12 of Title 16 of the United States Code, entitled "Federal Regulation and Development of Power". Enacted as the Federal Water Power Act on June 10, 1920, and amended many times since, its original purpose was to more effectively coordinate the development of hydroelectric projects in the United States. Representative John J. Esch (R-Wisconsin) was the sponsor.
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel to pass safely. Such a navigable water is called a waterway, and is preferably with few obstructions against direct traverse that need avoiding, such as rocks, reefs or trees. Bridges built over waterways must have sufficient clearance. High flow speed may make a channel unnavigable due to risk of ship collisions. Waters may be unnavigable because of ice, particularly in winter or high-latitude regions. Navigability also depends on context: a small river may be navigable by smaller craft such as a motorboat or a kayak, but unnavigable by a larger freighter or cruise ship. Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level, or by dredging that deepens parts of the stream bed.
The inland waterways of the United States include more than 25,000 mi (40,000 km) of navigable waters. Much of the commercially important waterways of the United States consist of the Mississippi River System—the Mississippi River and connecting waterways.
The Rivers and Harbors Appropriation Act of 1899 is the oldest federal environmental law in the United States. The Act makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters, or tributaries thereof, of the United States without a permit; this specific provision is known as the Refuse Act. The Act also makes it a misdemeanor to excavate, fill, or alter the course, condition, or capacity of any port, harbor, channel, or other areas within the reach of the Act without a permit. The Act also made it illegal to dam navigable streams without a license from Congress. This provision was included for the purposes of hydroelectric generation, at a time when the electric utility industry was expanding rapidly.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude.
The Supreme Court decision in Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892), reaffirmed that each state in its sovereign capacity holds title to all submerged lands within its borders and holds these lands in public trust. This is a foundational case for the public trust doctrine. The Supreme Court held a four to three split decision that the State of Illinois did not possess the authority to grant fee title to submerged lands where doing so would preclude exercise of the public right to commercial navigation and fishing in navigable waters.
The Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901–950, commonly referred to as the "Longshore Act" or "LHWCA" is federal workers' compensation law/act enacted in 1927. Initially, it mandated coverage to employees injured on navigable waters of the United States. Today, it mandates that coverage be provided to certain "maritime" workers, including most dock workers and maritime workers not otherwise covered by the Jones Act. In addition, Congress has extended the LHWCA to cover non-appropriated fund employees, Outer Continental Shelf workers, and U.S. government contractors working in foreign countries under the Defense Base Act This coverage is mandated for all employees, including owners and officers of companies that work in or around navigable waters of the United States.
The United States Army Corps of Engineers is involved with a wide spectrum of public works projects: environmental protection, water supply, recreation, flood damage and reduction, beach nourishment, homeland security, military construction, and support to other Governmental agencies. Through 19 Flood Control Acts since 1917, Congress has authorized the Corps of Engineers to be involved with flood protection and damage reduction in almost every state of the union.
Rivers and Harbors Act may refer to one of many pieces of legislation and appropriations passed by the United States Congress since the first such legislation in 1824. At that time Congress appropriated $75,000 to improve navigation on the Ohio and Mississippi rivers by removing sandbars, snags, and other obstacles. Like when first passed, the legislation was to be administered by the United States Army Corps of Engineers (USACE), under its Chief Engineer and the Secretary of War.
A high water mark is a point that represents the maximum rise of a body of water over land. Such a mark is often the result of a flood, but high water marks may reflect an all-time high, an annual high or the high point for some other division of time. Knowledge of the high water mark for an area is useful in managing the development of that area, particularly in making preparations for flood surges. High water marks from floods have been measured for planning purposes since at least as far back as the civilizations of ancient Egypt. It is a common practice to create a physical marker indicating one or more of the highest water marks for an area, usually with a line at the level to which the water rose, and a notation of the date on which this high water mark was set. This may be a free-standing flood level sign or other marker, or it may be affixed to a building or other structure that was standing at the time of the flood that set the mark.
Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), was a decision by the US Supreme Court that interpreted a provision of the Clean Water Act. Section 404 of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as "waters of the United States." That provision was the basis for the federal wetlands-permitting program.
The equal footing doctrine, also known as equality of the states, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at that time. The Constitution grants to Congress the power to admit new states in Article IV, Section 3, Clause 1, which states:
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Canadian Navigable Waters Act is one of the oldest regulatory statutes enacted by the Parliament of Canada. It requires approval for any works that may affect navigation on navigable waters in Canada.
Oil Pollution Act of 1924 is a United States federal statute establishing regulations for coastal navigable waters with regards to intentional fossil fuel discharges from seagoing vessels. The Act of Congress grants the Secretary of War authority to evaluate the oil volume discharge from a vessel while assessing if coastal navigable waters have a potential toxicity posing a deleterious condition for human health and seafood contamination. The 1924 United States statute provides judicial penalties encompassing civil and criminal punishment for violations of the prescribed regulations as stated in the Act.
Fairway is a part of a water body containing the navigable channel, a route suitable for ships of the larger size.