Commonly known as “Section 10 Waters,” these navigable waters of the United States are defined in 33 CFR §329.4 as “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.” 33 CFR §329.12 provides information on the jurisdictional limits of tidally influenced waters while 33 CFR §329.14 outlines the process for U.S. Army Corps of Engineers (USACE), Division Engineers to issue a formal navigability determination, supported by a Report of Findings. 33 CFR §329.16 further emphasizes that each USACE District must maintain a list of these navigable waters, updated as necessary to reflect court decisions, jurisdictional inquiries, and other changed conditions. In accordance with 33 CFR §329.16(b), this list represents “only those waterbodies for which determinations have been made; absence from that list should not be taken as an indication that the waterbody is not navigable.” All tidal waters are subject to Section 10 by definition and, as such, do not need to be specifically included on USACE District Section 10 lists.
Mobile District Section 10 Waters List (PDF)