What is a "Navigable" waterway (Gold panning Ref.)

[mudstrider]

Referencing the previous post about gold panning. I've heard from different sources that "navigable" waterway means any stream that you could float a canoe on. That includes a lot more waterways than just the White or Wabash. It appears that this ruling by (I think) the Supreme Court for the whole country is open to some interpretation in various locales. I've seen this rule mainly in regards to fishing streams that are "navigable". One is apparently allowed to travel along the stream "below the high-water mark" across private property.
CO's, is this true? Thanks.

[buster]

The private property you are referring to is the riverbed. The ordinary high water mark is typically defined by the point where the mud/sand/rock river bank meets the top of the bank...this is the area where the trees, grasss, weeds, vegetation, etc. begin to grow and are usually not washed away by ordinary high water situations. On a navigable waterway one is not required to gain landowner's permission to cross, stand, wade, fish, etc. below the ordinary high water mark. This is only true on a navigable waterway.