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SPECIAL PUBLIC NOTICE – SPK-2023-00332, Traditional Navigable Water Determination for Humboldt Lake in Nevada

REGULATORY DIVISION
Published Jan. 8, 2024
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On January 4, 2024, the Commander of the South Pacific Division of the U.S. Army Corps of Engineers determined that Humboldt Lake is a traditional navigable water pursuant to the Clean Water Act and 33 CFR §328.3(a)(1)(i). The determination was made based on a report of findings prepared by the Sacramento District.

The term “traditional navigable waters,” as used here, are those waters described at 33 CFR §328.3(a)(1)(i): all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.

Hunters used and still use watercraft to hunt waterfowl on Humboldt Lake. Market hunters used Humboldt Lake in the second half of the 19th Century to harvest waterfowl for market. Market hunters transported waterfowl to market using an interstate railroad network. At least one market hunting enterprise, during the winter of 1897-98, shipped waterfowl to market in San Francisco, California. Taken together the evidence demonstrates that Humboldt Lake was both used in the past, and susceptible to use in interstate or foreign commerce.

We anticipate that this stand-alone TNW determination will reduce the need for case-specific analyses, saving time and effort and increasing consistency and predictability.


Traditional Navigable Water Determination
TNW
TNW Determination
Humboldt Lake
Humboldt Sink
Toulon Lake
Traditional Navigable Waters
navigable
navigability
interstate commerce