ELR Citation: ELR 20567
No(s). 70-389-Civ.-T.-K (M.D. Fla. Jun 8, 1972)

The determination of the navigability of a body of water, so as to bring it within the scope of Title 33 U.S.C. §403, is established by the use of the body of water in its natural state or with reasonable improvement by small vessels traveling in interstate and foreign commerce. The defendants, by their acts of excavating and altering a navigable water, the Weeki Wachee River, without permission from the United States, became liable to the United States for a remedy appropriate to its injury. The kind and amount of damages, since controverted, will be determined at trial. Summary judgment for the plaintiffs.

Counsel for Plaintiffs
John L. Briggs, U.S. Attorney
Oscar Blasingame, Ass't. U.S. Attorney
Federal Building
500 Zack St.
Tampa, FL 33602

Counsel for Defendants
Macfarlane, Ferguson, Allison, and Kelly
P.O. Box 1531
Tampa, FL 33602