re: Gating canals in houma area

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Ok. The term federal servitude is no where in the link so I'm not sure what you're trying to say.

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II. CLAIM FOR A RIGHT OF USE OR ACCESS

We next consider the State's and the private Plaintiffs' right-of-use claims. The Appellants assert a navigational servitude over the water bodies under federal or state law.

A. Federal Navigational Servitude

Appellants argue first that the navigable streams in this case are subject to a federal navigational servitude which gives the public unrestricted access. The navigational servitude arises by virtue of the Commerce Clause in some navigable waters. Kaiser Aetna v. United States, 444 U.S. 164, 178, 100 S. Ct. 383, 392, 62 L. Ed. 2d 332 (1979), made it clear, however, that the navigational servitude does not extend to all navigable waters. Id. at 172-73, 100 S. Ct. at 388-89. When a navigational servitude exists, it gives rise to the right of the public to use those waterways as "continuous highways for the purpose of navigation in interstate commerce." Id. at 178, 100 S. Ct. at 392.

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