Loving v. Alexander

WIDENER, Circuit Judge:

This is an appeal from a decision of the district court, 548 F.Supp. 1079, which sustained a determination of the Army Corps of Engineers (Corps) that the Jackson River from Covington, river mile 23.9, up to the Gathright Dam, river mile 43, is a navigable water of the United States. Because we think correct the conclusion of the district court that, based on historic use, the Jackson River is navigable in fact, we affirm.

In 1946, Congress authorized the construction of the Gathright Dam on the Jackson River in Allegheny County, Virginia for purposes of flood control,…