Navigable waters

The United States Constitution provides for federal judicial power extending to "all cases of admiralty and maritime jurisdiction." The federal courts received admiralty jurisdiction from Congress in the Judiciary Act of 1789. In general, admiralty jurisdiction extends to matters occurring on navigable waters involving some aspect of maritime commerce, and contractual matters which directly affect maritime commerce.

"What are navigable waters" becomes the next question. United States admiralty courts recognize jurisdiction over maritime activity occurring on all waters, whether or not connected to the sea, which are used or can be used in interstate or foreign commerce, either usable in their natural state or which can be made navigable with a reasonable expenditure. One often cited definition, as stated by the Supreme Court in The Daniel Ball, 77 U.S. 557, 563 (1871), is that they "form in the ordinary condition by themselves, or by united with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries, in the customary modes in which such commerce is conducted by water."

A vessel floating on "navigable waters" is treated as a part of "navigable waters" for admiralty jurisdiction. Things like, bridges, ramps, piers, jetties, boat ramps, railways in the sea, and other structures firmly attached to land are considered "extensions of land" and are not considered "navigable waters" for the purposes of admiralty jurisdiction, unless they are used primarily in aid of navigation.

Feel free to contact our lawyer Scott Nelson if you have any questions about admiralty jurisdiction.  Mr. Nelson is a maritime lawyer serving Corpus Christi, Brownsville and all of Texas.