Ben A. Rich


This paper will discuss various approaches that have 'been or could be taken by government agencies in order to provide and protect rivers with recreational potential for use as public recreational facilities, in particular boating and canoeing, and consider them in the context of the state of Illinois, which has been faced with a tremendous increase in pressure for water based recreational facilities and anachronistic case and statute law of water and related land resources.

The fundamental issue in any situation involving use by the public of natural watercourses concerns the concept of navigability. Crucial and divergent sets of conclusions follow -from a determination that a particular body of water is or is not navigable. There are, however, different definitions of navigability which must be applied depending upon the facts and issue at hand. Therefore, it is appropriate,. indeed. essential, .that this analysis begin with a thorough discussion of navigability.