Among our MCC membership is a very active whitewater kayak paddler
whom many of you know as Dick Pierce. Fewer of you know him as Professor
Richard J. Pierce, Jr., Lyle T. Alverson Research Professor of Law
at George Washington University.
In the finest tradition of combining business with pleasure, Dick
researched and authored a scholarly piece titled "What is Navigable
Water? Canoes Count but Kayaks Do Not", which was published
in the Syracuse Law Review, 53, #3, pp.1067-1092, 2003.
There's a lot of information in it about how judges would look
at navigability issues, so anyone interested or involved in navigability
and river access needs to read this, and use it as a ready reference
to the precedents.
With the permission of both Dick Pierce and the editor of the Syracuse
Law Review this article is available for viewing, in pdf format,
by clicking this link: What
is Navigable Water Article.pdf.