Know Your Rights

What is a Navigable River?

As defined by the U.S. Army Corps of Engineers, Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

Is the Obey River Navigable? 

The Obey River is a Navigable River.  Some local landowners have made attempts to dispute this fact, but the Obey River is determined by the U.S. Army Corps of Engineers (USACE) to be navigable and protected under Section 10 of the Safe Rivers and Harbors Act. 

Navigable Water are Governed by Federal Laws, Not State

In the United States, laws governing navigable waterways are consistent across all states because they fall under federal jurisdiction. The U.S. Constitution grants the federal government authority over interstate commerce, which includes navigable rivers and streams used for transportation. While states may manage adjacent land or impose local rules, they cannot interfere with the public’s right to navigate or access these waters.

Rivers that are navigable in canoes, kayaks, or rafts are legally navigable under federal law, with no official designation needed. Federal law confirms public rights to navigate these rivers through private land and walk on privately-owned gravel bars and riverbanks to scout rapids, portage, fish, or simply to enjoy the river. 

Navigable Waters are under the Jursidiction of USACE

In a number of places, state and local officials deny public rights in rivers, but such policies violate federal law. Under the U.S. Constitution, state and local laws cannot deny public rights to use navigable rivers.  

Federal law gives jurisdiction of America’s navigable waterways to the US Army Corps of Engineers (USACE), who make determinations of navigability according to Section 10 of the Rivers and Harbors Act. Check out their website, here, to see a list of Section 10 rivers making up the Cumberland River and its Tributaries, one being the Obey River.  

Tenn Courts have upheld that the USACE has the authority to determine navigability of water ways in Tennessee and that the determination of whether a river is a navigable water of the United States is a question of federal law to be answered according to the legal principles recognized and applied in the federal courts. 

Tennessee Courts have upheld that if the waterway is navigable, the soil covered by water and the use of the stream belongs to the public.

While the USACE has listed the Obey River as a Section 10 (Navigable Waterway), the State has not recognized it as navigable in the courts, which invites landowners to claim the rivers as private. We need a record of fishing, kayaking and other general use confrontations with landowners to support present and future legal and political actions to confirm public access to these rivers.

What Counts as a Land Owner/Public Land Confrontation?

Confrontations can include face-to-face encounters with landowners or their representatives, signs that attempt to limit your use of the river, or law enforcement involvment, including the threat of prosecution for using the river. 

Reporting these incidents creates awareness which enables us to continue to fight for public access to the Obey River. Your input is valuable in helping us ensure the ongoing accessibility and protection of this vital natural resource.

River users should avoid riverbank confrontations with landowners. Instead, they should report landowner crimes to the sheriff, district attorney, and their state legislatures. 

To help raise awareness of public access issues, you can also use our form to report any confrontation with landowners by using our long form by clicking here. 

If the long form doesn't load, you can use our general contact form by following this link. 

You’re allowed to access the river from any public easement, like a public bridge or other public right of way. 

If you have been charged with trespassing, or had negative legal implications brought upon you in anyway, while using the Obey River than please do not hesitate to contact us today! Tennessee Stream has began developing a team of people who may be able to help with any pending legal issues resulting from usage of Tennessee's rivers and streams!

Let's stand together to keep Tennessee's Rivers and Streams open to the public!

You can find other evidence by exploring American Whitewater and their documentation of the Obey being used by kayakers - which has often been considered strong evidence of determining navigability in Courts of Tennessee. 

You can also find additional evidence in our News & Events Page