Tide Water

Water which flows and reflows with the tide. All arms of the sea, bays, creeks, coves, or rivers, in which the tide ebbs and flows, are properly denominated "tide waters." The term "tide water" is not limited to water which is salt, but embraces, also, so much of the water of fresh rivers as is propelled backwards by the ingress and pressure of the tide. 5 Coke, 107; 2 Done. has decided that, although the current of the river Mississippi at New Orleans may be so strong as not to be turned backwards by the tide, yet if the effect of the tide upon the current is so great as to occasion a regular rise and fall of the water, it might properly be said to be within the ebb and flow of the tide. 7 Pet. (U. S.) 324. The flowing, however, of the waters of a lake into a river, and their reflowing, being caused by the occasional swell and subsidence of the lake, and not by the ebb and flow of regular tides, do not constitute such a river a tidal, or, technically, navigable, river. 20 Johns. (N. Y.) 98. And see 17 Johns. (N. Y.) 195; 2 Conn. 481; Woolr. Waters, c. ii.; Angell, Tide Waters, c. iii.

Water which flows and reflows with the tide. All arms of the sea, bays, creeks, coves, or rivers, in which the tide ebbs and flows, are properly denominated tide-waters. be flood tide lower down; The Bangor, 212 Fed. 706. The term tide-water is not limited to water which is salt, hut embraces, also, so much of the water of fresh rivers as is propelled backwards by the ingress and pressure of the tide; 5 Co. 107; Attorney General v. Woods, 108 Mass. 436, 11 Am. Rep. 380; which might be said to be within the ebb and flow; Peyroux v. Howard, 7 Pet. (U. S.) 324, 8 L. Ed. 700. The flowing, however, of the waters of a lakp into a river do not constitute such a river a tidal or, technically, navigable river; Hooker v. Cummings, 20 Johns. (N. Y.) 98, 11 Am. Dec. 249. The bed or soil of all tide-waters belongs, in England, to the crown, and in this country to the state in which they lie; and the waters themselves are public; so that all persons may use the same for the purpose of navigation and fishery, unless restrained by law; 5 B. & A. 304; 1 Macq. Hou. L. 49; Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331. See Bowlby v. Shively, 22 Or. 410, 30 Pac. 154. In England, the power of parliament to restrain or improve these rights is held to be absolute; 4 B. & C. 598. In this country, such a power is subject to the limitations of the federal constitution; and while both the general and state governments may adopt measures for the improvement of navigation; Lehigh Bridge Co. v. Nav. Co., 4 Iiawle (Pa.) 9, 26 Am. Dec. Ill; Hollister v. Union Co., 9 Conn. 430, 25 Am. Dec. 30; and the states may grant private rights in tide-waters, provided they do not conflict with the public right of navigation; Rowe v. Bridge Corp., 21 Pick. (Mass.) 344; yet neither the general nor the state governments have the power to destroy or materially impair the right of navigation. See Bridge; Fishery; IUver-; Riparian Proprietors; Territorial Waters; Wharf.

Water which falls and rises with the ebb and flow of the tide. The term is not usually applied to the open sea, but to coves, bays, rivers, etc.

Defined under Tide in Black's Law Dictionary.

A place whei-e the tide in the ebbs and flows.