A recent federal court case examined the meaning of the term “navigable waters.” It involved a senior deckhand who was injured in August 2024 while working on a 100' passenger vessel on Lake Coeur d’Alene, in Idaho. He suffered a crushed shoulder and broken ribs during docking. He said that the captain put the vessel into gear without looking where he (the deckhand) was.
The deckhand sued in federal court under the Jones Act for personal injuries and maintenance and cure (living expenses and medical expenses, respectively). The vessel interests were successful in showing that Lake Coeur d’Alene does not qualify as “navigable waters.” As such, the federal court could not hear the case. An activity or accident must occur on “navigable waters” for a federal court to have admiralty jurisdiction over the matter.
Let’s take a closer look at what this means. Under Title 33 of the Code of Federal Regulations, navigable waters 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.” Case law from the 19th century also touches this issue, holding that “a waterway is navigable provided that it is used or susceptible of being used as an artery of commerce.” The Daniel Ball, 77 U.S. 557 (1870).
The court’s reasoning here was that Lake Coeur d’Alene is situated fully within the state of Idaho. It flows north into the Spokane River, which flows west into Washington state. However, before the Spokane River reaches the state line, boat traffic is impeded by the Post Falls Dam. That’s a deal-breaker for the definition.
So, this test for “navigable waters” is about being able to travel to various other parts of the country from your body of water… not about whether someone calls your body of water a “lake” or a “river.” After all, the Great Lakes are also called lakes, yet they are considered navigable waters. The difference is that they are open to the St. Lawrence Seaway and ultimately, the Atlantic Ocean, thus making them “navigable.”
