One of the problems is a conflict of state vs. Federal law. Federal law states that you can't own into a river bed but some deeds in the state that they do. Here in lies the conflict. In all legality you are right to stay below the high water mark but some land owners don't get it. Most of the time if you feel it is worth the fight have them call the sheriff and they can sort it out.

Navigatable water only means that the river can be used or was used for commerce. not just barges. So if I guide floats down the river it is commerce. Or if historically they floated logs down it that passes the test. Unfortunately not a ton of rivers have had the study done on them to get official designation.

I will find more information later.

JJ