When a serious accident happens offshore, at a port, or on open water, one of the first questions that determines your rights is whether the incident occurred on “navigable waters.” This isn’t just legal jargon. The answer can decide whether you can hold the at-fault company fully accountable under general maritime law, the Jones Act, or other federal statutes that give injured offshore workers and seamen far stronger protections than traditional state personal injury laws.
At Zehl & Associates, our Undefeated Maritime Injury Lawyers have recovered Billions for injured offshore workers, including the largest offshore and maritime verdicts and settlements in history. We know exactly how aggressively companies fight to avoid responsibility after a catastrophic accident at sea or on an offshore oil rig—and we know exactly how to beat them.
If you or a loved one were seriously injured on a vessel, barge, jack-up rig, drillship, dock, or any other navigable waterway, you need a legal team with the experience, resources, and record of results to hold the company fully accountable. That starts with understanding how navigable waters are defined—and why that definition can make or break your case.
Read on to learn what qualifies as navigable waters and how our knowledge of maritime law, waterway management, and state and federal regulations helps us recover the justice and maximum compensation our clients deserve.
The Basic Meaning of Navigable Waters
“Navigable waters” generally refers to bodies of water that can be used for travel, commerce, or transportation.
A waterway is typically considered navigable if:
- It can support boats, ships, barges, or other vessels.
- It can be used for commercial activity.
- It connects to interstate or international waters.
- It is wide and deep enough for navigation.
Navigable waters can include rivers, bays, lakes, canals, and coastal waterways. The exact definition depends on the law being applied.
Navigable Waters Under Federal Law
Federal law uses the term “navigable waters” in several different ways, but the most common definitions appear in:
- The Clean Water Act
- The Rivers and Harbors Act
- The Jones Act
- Federal maritime and admiralty law
Under federal standards, waters are often considered navigable if they are used, or could be used, in interstate or international commerce. This includes inland waterways connected to the Gulf of Mexico or other major bodies of water.
Navigable Waters Under Texas Law
Texas law has its own way of defining navigable waters.
A waterway may be considered navigable if:
- It is at least 30 feet wide from the mouth upward.
- It has been historically used for transportation.
- It is capable of supporting small watercraft.
Some Texas waterways may be navigable under state law even if they do not meet the federal definition.
Why Navigability Matters for Injury Claims
Whether a waterway is considered navigable determines which laws apply when someone is injured on it.
On federally navigable waters, maritime law may govern claims involving:
- Boating collisions
- Commercial vessel accidents
- Jones Act seaman injuries
- Recreational boating incidents
These cases follow different rules from standard personal injury claims. If the water is not federally navigable, Texas law may apply.
Testing Whether a Waterway Is Navigable
Courts often examine several factors to decide if a waterway is legally navigable.
These can include:
- Depth and width of the waterway
- Historical use by commercial vessels
- Connection to major water systems
- Whether the water can support transportation
- Legislative designations
- Federal or state agency classifications
Because different laws use different definitions, the same waterway may be navigable for one purpose but not for another.
Examples of Navigable Waters
Waterways that could be considered navigable include:
- Oceans and coastal waters
- Deep rivers used for shipping
- Major bays and ports
- Canals connected to interstate commerce
- Inland lakes where commercial vessels operate
Examples of navigable waters in or near Texas include:
- The Gulf of Mexico
- The Houston Ship Channel
- Galveston Bay
- The Intracoastal Waterway
- Sabine Lake
- The Rio Grande
- Parts of the Colorado, Trinity, Brazos, and San Jacinto Rivers
Smaller creeks or ponds are usually not considered navigable unless they meet specific criteria.
Contact Our Undefeated Maritime Injury Lawyers at Zehl & Associates for a Free Consultation
With Billions won, including record-setting recoveries for victims of the BP Deepwater Horizon explosion and some of the largest offshore verdicts and settlements in history, our undefeated Houston maritime injury lawyers have what it takes to stand up for seamen and offshore workers injured in the worst accidents to ever occur in the Gulf of Mexico, the Houston Ship Channel, and the Intracoastal Waterway. We don’t just win against the largest maritime and offshore companies in the world — we set records.
If you were injured in an offshore accident, call Zehl & Associates for a free consultation at 1:888-603-3636 or contact us online.
Our top priority is making sure you have the information and guidance you need to make the best decision for yourself and your family.
All consultations are free, and you won’t owe us anything unless we win your case.
For more information, please contact our Undefeated maritime accident attorneys in Houston, Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours