Assignment:
WaterWorks seeks application to place a hydro electric generating plant on a creek, requiring a dam. The creek is fed by melting snow packs from the mountains, and the flow and depth of the water varies with the seasons. In fall, the creek may be dry in places or have only a few inches of water in it. The creek flows into the Jordash River which flows into Lake Utah. Is the creek considered "navigable waters of the United States" as defined by the CWA? Why or why not?