ELR Citation: ELR 20700
No(s). 15,844 (N.D. Ga. Mar 21, 1972)

In order to be considered a navigable water within the meaning of the 1899 Refuse Act, a body of water must meet a threefold test of navigability: It must be presently used or suitable for use; or it must have been used or suitable for use in the past, or, thirdly, there exists the possibility that it could be made suitable for use in the future by reasonable improvements. The Chattahoochee River between Peachtree Creek and Buford Dam in Georgia meets none of these tests and is therefore not a navigable water within the meaning of the 1899 Refuse Act. The suit against defendant real estate developer and apartment complex owner is dismissed.

Counsel for Plaintiff
John W. Stokes Jr., U.S. Attorney
Charles A. Pannell Jr., Ass't, U.S. Attorney
William P. Gaffney, Ass't U.S. Attorney
Federal Building
Atlanta, GA 30303

Counsel for Defendant
Moreton Rolleston Jr.
2604 First National Bank Tower
Atlanta, GA 30303