Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude.

The Commerce Clause gives Congress the power to regulate "commerce ... among the several states." In Gibbons v. Ogden (1824), the United States Supreme Court ruled unanimously that this power extended to regulation over navigable inland waterways of the United States, which were an important hub of transportation in the early years of the Republic. The concept of navigational servitude is relatively new and originated in the 20th century.

Although the Supreme Court recognizes Federal control over navigable waterways is absolute the public interest is not absolute. The government has the power to reroute a waterway, block a navigable creek, or completely de-water a river, each without recourse by those who are adversely affected by the reduction in navigable capacity. One court has held that a federal agency can restrict individuals paddling on a stream, finding boating is not a "federally protected right". This servitude does not extend beyond the navigable waterway below the ordinary high-water mark, nor to the banks of a navigable stream.

An explanation of the rights of the United States in navigable waters may be found in United States v. Rands, The Commerce Clause confers a unique position upon the Government in connection with navigable waters. "The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States. ... For this purpose they are the public property of the nation, and subject to all the requisite legislation by Congress." This power to regulate navigation confers upon the United States a "dominant servitude," which extends to the entire stream and the stream bed below ordinary high-water mark.

The case continues:

The proper exercise of this power is not an invasion of any private property rights in the stream or the lands underlying it, for the damage sustained does not result from taking property from riparian owners within the meaning of the Fifth Amendment but from the lawful exercise of a power to which the interests of riparian owners have always been subject. United States v. Chicago, M., St. P. & P. R. Co., 312 U.S. 592, 596 -597 (1941); Gibson v. United States, 166 U.S. 269, 275-276 (1897). Thus, without being constitutionally obligated to pay compensation, the United States may change the course of a navigable stream, South Carolina v. Georgia, 93 U.S. 4 (1876), or otherwise impair or destroy a riparian owner's access to navigable waters, Gibson v. United States, 166 U.S. 269 (1897); Scranton v. Wheeler, 179 U.S. 141 (1900); United States v. Commodore Park, Inc., 324 U.S. 386 (1945), even though the market value of the riparian owner's land is substantially diminished.

The navigational servitude of the United States does not extend into fast lands, which are lands above the high-water mark. Consequently, when fast lands are taken by the Government, just compensation must be paid. But "just as the navigational privilege permits the Government to reduce the value of riparian lands by denying the riparian owner access to the stream without compensation for his loss, ... it also permits the Government to disregard the value arising from this same fact of riparian location in compensating the owner when fast lands are appropriated."

It was held early "that the power to regulate commerce necessarily included power over navigation. To make its control effective the Congress may keep the 'navigable waters of the United States' open and free and provide by sanctions against any interference with the country's water assets. It may legislate to forbid or license dams in the waters; its power over improvements for navigation in rivers is 'absolute.'