River

A natural stream of water flowing betwixt banks or walls in a bed of considerable depth and width, being so called whether its current sets always one way, or flows and reflows with the tide.

Woolr. Waters, 40; 16 N. H. 467.

In Old Law. Rivers were either public or private. Public rivers are divided into "navigable" and "not navigable;" the distinction being that the former flow and reflow with the tide, while the latter do not. Both are "navigable" in the popular sense of the term.

Angell, Tide Waters, 74, 76; 7 Pet. (U. S.) 324; 5 Pick. (Mass.) 199; 26 Wend. (N. Y.) 404; 4 Barn. & C. 602; 5 Taunt. 705.

Rivers, when naturally unfit for public use, as above described, are called "private rivers." They are the private property of the riparian proprietors, and cannot be appropriated to public use, as highways, by deepening or improving their channels, without compensation to their owners.

16 Ohio, 540; 26 Wend. (N. Y.) 404; 6 Barb. (N. Y.) 265; 18 Barb. (N. Y.) 277; 8 Pa. St. 379; 10 Me. 278; 1 Mc Cord (S. C.) 580.

And see "Watercourse." In Modern Use. Rivers are ordinarily classified as navigable or nonnavigable, according to the fact, and not according to the flow of the tide, and the distinction between public and private rivers is accordingly obsolete.

See Navigable.