Bjorn wrote:
I emailed with Ron Stork, who is a real policy guru for the state in regards to water issues. He indicated that Siskiyou County doesn't have the authority to make those sorts of declarations, as it is a State issue, not a county issue, to determine what is and is not navigable.
Its my understanding that the Army Corp of Engineers has the final authority not the state.
below is where you'll find the language for state's rights
http://www...a.gov/.const/.article_10
however, the commerce clause in the constitution (article 1 section 8) gives the federal government final authority. Any time you want to touch a navigable waterway or a wetland, the ACoE issues the permit not the state. Google section 10 and section 404 for more info. having worked on a few projects which required section 404 permits I can tell you with 100% certainty the state goes to the ACoE.
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