Does it matter whether the waterway is called a “river” or a “creek” on maps and signs?
No. Some “rivers” are not physically navigable in even the smallest watercraft, and some “creeks” are large enough for fair-sized boats carrying several passengers. The name of the waterway has no legal significance. 11. So how do you tell the difference between a navigable river and a non-navigable river, for title purposes? In ancient civilizations, as well as in early America, navigability has never been a technical concept. As the U.S. Supreme Court says, “Rivers that are navigable in fact are navigable in law.” The intent of the courts has been that the difference between navigable and non-navigable rivers should be a practical matter that can be understood by ordinary people such as settlers, fur trappers, and riverside landowners. The courts have confirmed that even logs and small boats such as canoes, kayaks, and rafts qualify as navigation for title purposes. Therefore a navigable river is one on which you can use a small boat, and a non-navigable river is one on which you can
