TSPAC LAW ENFORCEMENT BRIEFING SHEET

Public Access Rights on Tennessee’s Navigable Rivers

Tennessee Stream – Public Access Coalition (TSPAC)

1. Purpose of This Briefing

This briefing provides accurate, legally supported guidance for Tennessee law enforcement responding to calls involving paddlers, swimmers, anglers, waders, or recreationists using rivers and streams.
Its purpose is to reduce conflict, prevent improper trespass citations, and ensure officers apply federal and Tennessee navigability law correctly.

2. Key Legal Principle

If a river is federally navigable, it is a public waterway.
Landowners cannot exclude the public from the water, and law enforcement cannot remove people who are legally using the river channel.

3. Federal Law (Controlling Authority)

33 U.S.C. §403 – Section 10 of the Rivers & Harbors Act of 1899
Makes it unlawful to obstruct or restrict the use of a navigable water of the United States without federal authorization.

Relevant Federal Case Law:

• The Daniel Ball, 77 U.S. 557 (1870) – A waterway is navigable if used or “capable of being used” as a highway for commerce.
  
  

• United States v. Appalachian Electric Power Co., 311 U.S. 377 (1940) – Navigability includes potential future use; recreational use counts.
  
  

• Economy Light & Power Co. v. United States, 256 U.S. 113 (1921) – Rivers capable of floating logs or small craft qualify as navigable.
  
  

Bottom line:
Once federally navigable, a river is public. Federal determinations override local landowner claims.

4. USACE Navigability Determinations (Tennessee Rivers)

The U.S. Army Corps of Engineers (USACE) Nashville District has designated many Tennessee waterways as navigable waters of the United States, including:

• Obey River
  
  

• East Fork Obey River
  
  

• West Fork Obey River
  
  

• Roaring River
  
  

• Wolf River (Obey tributary)
  
  

• Caney Fork tributaries
  
  

• Harpeth River system
  
  

• Stones River system
  
  

• Big South Fork tributaries
  
  

Official documentation provided by USACE confirms these designations.
(No landowner may override or “opt out” of federal jurisdiction.)

5. Tennessee Law Supporting Public Use

Tennessee follows the federal “navigable in fact” rule.
Courts have repeatedly affirmed that the public may use navigable waters regardless of adjacent land ownership.

Relevant Tennessee Case Law:

• State ex rel. Cates v. West Tennessee Land Co., 158 S.W. 746 (Tenn. 1913) – Navigable waters are public highways.
  
  

• Hayes v. Bowman, 160 S.W.2d 383 (Tenn. 1942) – Public may use waters even when the bed is privately owned.
  
  

• Goodwin v. Thompson, 299 S.W.2d 25 (Tenn. Ct. App. 1956) – Capable of floating logs or small craft = navigable.
  
  

• Lillard v. Melton, 2001 WL 881370 – Public trust doctrine protects recreational use.
  
  

• Pyle v. Ayres, 271 S.W. 21 (Tenn. 1925) – The ordinary high-water mark (OHWM) defines the public-use boundary.
  
  

Bottom line:
Below the OHWM on a navigable waterway, the public is not trespassing.

6. Enforcement Guidance for Officers

A. Public use of the river is lawful on federally navigable waters.

This includes:

• Paddling
  
  

• Wading
  
  

• Swimming
  
  

• Fishing
  
  

• Tubing
  
  

• Standing in the river channel
  
  

• Portaging around obstacles
  
  

B. Landowners cannot:

• Declare a navigable river “private”
  
  

• Place “No Trespassing” signs in the river
  
  

• Block the water with fences, cables, or barriers
  
  

• Order the public out of the water
  
  

• Demand law enforcement remove lawful users
  
  

C. Officers should:

• Identify the river involved
  
  

• Verify whether USACE lists it as federally navigable
  
  

• Determine whether the user is below the OHWM
  
  

• Avoid issuing trespass citations for lawful waterway use
  
  

• Educate landowners about federal jurisdiction
  
  

• Document the call clearly and neutrally
  
  

D. Civil Rights Reminder:

Improper removal or citation of a citizen on federally navigable waters may constitute a civil rights violation.

7. Quick Officer Checklist

1. Name of river?
2. Is it federally navigable?
(If yes → It is public.)
3. Is the person below the OHWM?
(If yes → They are not trespassing.)
4. Is there an illegal obstruction?
(Log it and report; blocking is a federal offense.)
5. Resolve safely and educate both parties if needed.

8. Contact Information

Tennessee Stream – Public Access Coalition (TSPAC)
Website: https://tinyurl.com/TSPACTN
Email: public.obey@gmail.com
Public Conflict Map: https://tinyurl.com/mapTNPAC
Submit a Conflict Report: https://tinyurl.com/formTNPAC

U.S. Army Corps of Engineers – Nashville District
Regulatory Division: (615) 369-7500
Website: https://www.lrn.usace.army.mil/

Summary for Officers

If the river is federally navigable, the public has a legal right to be there.
Landowner complaints do not override federal law.
Your role is to ensure safety, reduce conflict, and apply the law correctly.