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MIAMI VALLEY CONSERVANCY DIST. v. ALEXANDER

No. 81-3243.

692 F.2d 447 (1982)

The MIAMI VALLEY CONSERVANCY DISTRICT, Plaintiff-Appellee, v. Clifford ALEXANDER, Jr., Secretary U.S. Army; Lt. General J.W. Morris, Chief of Engineers, U.S. Army; Major General Louis W. Prep, Jr., Corps of Engineers, Col. Thomas P. Nack, Corps of Engineers, Defendants-Appellants, Dayton Power and Light; Board of Commissioners of Montgomery County; City of Moraine & City of West Carrolton; City of Dayton; City of Piqua, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided November 12, 1982.

Rehearing and Rehearing Denied January 11, 1983.

Attorney(s) appearing for the Case

Ann Marie Tracey, Asst. U.S. Atty., Cincinnati, Ohio, for defendants-appellants.

Arthur A. Ames, Robert N. Farquhar, Dayton, Ohio, for plaintiff-appellee.

Stephen F. Kozair, Dayton, Ohio, for Dayton Power and Light.

Kenneth R. Pohlman, Asst. Pros. Atty., Dayton, Ohio, for Board of Com'rs of Montgomery County.

Phillip B. Herron, Dayton, Ohio, for City of Moraine and City of West Carrolton.

Stephen E. Klein, Piqua, Ohio, for City of Piqua.

Thomas Randolph, City Atty., Dayton, Ohio, for City of Dayton.

Before KENNEDY and MARTIN, Circuit Judges, and GUY, District Judge.

Rehearing and Rehearing En Banc Denied January 11, 1983.

BOYCE F. MARTIN, Jr., Circuit Judge.

The Army Corps of Engineers appeals an order of the Southern District of Ohio enjoining it from asserting jurisdiction over the Great Miami River and certain tributaries. Under section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 403, the Corps has jurisdiction over a river only if the river is "navigable." The District Court found that the Great Miami...

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