In Defining "Navigability": Balancing State Court Flexibility and Private Rights in Waterways, 36 Cardozo L. Rev. 1415 (2015), Maureen Brady explains that over the last two centuries, state courts have broadened the concept of navigability, and applied the new definitions to alter existing land titles. As a consequence, many non-navigable waterways have become navigable waterways, increasing public ownership and extinguishing private rights.
Shelby D. Green, Recapturing Water for Sustainability Through Redefinitions of Navigability and Ownership, 2016 Jotwell: J. Things We Like 8, http://digitalcommons.pace.edu/lawfaculty/1068.