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They're not. But by law the Corps does have jurisdiction over all "navigable waters" within the US, and this includes the creek in your backyard, if the Corps wants to say it does. Even if its barely able to float an empty drink can. So damming any flowing water is, at the least, going to involve getting permits from the Corps. The only place where this is not so is in the area specifically taken from Corps jurisdiction and placed under the jurisdiction of the Tennessee Valley Authority, which includes the Tennessee River and all its tributaries, right up to where the first headwaters come up out of the ground as a springs.

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