Navigable waters of the United States

Those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or are presently used, or have been used in the past, or may be susceptible to use in the future to transport interstate or foreign commerce. These are waters that are navigable in the traditional sense where permits are required for certain activities pursuant to Section 10. This term should not be confused with the term ñwaters of the United Statesî. (US Army Corps of Engineers New York District, Regulatory Program Applicant Information Guide, 2014)