33 U.S.C. § 562: Channel depths and dimensions…

Summary

When planning and after a waterway project opens, channel depths in tidal areas that lead to the Atlantic, Gulf, or Pacific coasts are measured at mean lower low water, as the Department of Commerce defines for nautical charts and tidal predictions. In rivers and non‑tidal channels, depth is the average of the lowest fifteen-day period in the navigation season, as that Department defines. After a project is in use, the channel size may be increased at entrances, bends, sidings, and turning places when needed so boats can move freely.

Title 33, §562

Navigation and Navigable Waters, Source: USLM XML via OLRC

In the preparation of projects under this and subsequent river and harbor acts and after the project becomes operational, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water, as defined by the Department of Commerce for nautical charts and tidal predictions, in tidal waters tributary to the Atlantic and Gulf coasts and at mean lower low water, as defined by the Department of Commerce for nautical charts and tidal predictions, in tidal waters tributary to the Pacific coast and the mean depth for a continuous period of fifteen days of the lowest water, as defined by the Department of Commerce for nautical charts and tidal predictions, in the navigation season of any year in rivers and nontidal channels, and and after the project becomes operational the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is from act Mar. 4, 1915, popularly known as the “Rivers and Harbors Appropriation Act of 1915”.

Prior Provisions

Section superseded act Mar. 4, 1913, ch. 144, § 9, 37 Stat. 827, which read as follows: “In the preparation of projects under this and subsequent river and harbor acts, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water in tidal waters, and the mean depth during the month of lowest water in the navigation season in rivers and nontidal channels, and the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats.”

Amendments

1992—Pub. L. 102–580 inserted “and after the project becomes operational” after “harbor acts”, “lower” after “depth at mean”, “, as defined by the Department of Commerce for nautical charts and tidal predictions,” after “water” wherever appearing, and “and after the project becomes operational” before “the channel dimensions”.

§562 Channel Depths and Dimensions Defined