...navigability.3 In The Daniel Ball,4 the US Supreme Court articulated the federal test for navigability: Those rivers must be regarded as public navigable...conducted in the customary modes of trade and travel on water.5 Lands under waters that meet the test for navigability must be held in trust for the public....

...above) to The Daniel Ball case, in which, a century ago, the United States Supreme Court held that:69 Those rivers must be regarded as public navigable...fact. And they are navigable in fact when they are usecj, or are susceptible of being used, in their ordinary condition, as highways for commerce, over...

...Ball, 10 Wall. 557 (1890) and The Montello, 20 Wall. 430 (1874). Excerpts from those decisions follow: "Those rivers must be regarded as public navigable...used, in their ordinary condition, as highways for comYour first question on any riparian problem — "ls the water body navigable or not navigable?"...

...navigable waters first articulated in The Daniel Ball, 77 US (10 Wall.) 557, 19 L. Ed. 999 (1870): Those rivers must be regarded as public navigable...navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the States, when they form...

...defined by the Supreme Court in The Steamer Daniel Ball, 77 US (10 Wall.) 557 (1871): Those rivers . . . are navigable in fact when they are used, or are susceptible...navigable waters of the United States within the meaning of the acts of Congress in contradistinction from the navigable waters of the states, when they form...