Yes, the public may use the waterway if it has the capacity in terms of length, width and depth, to enable boaters to make successful progress through its waters. Under the Public Use Doctrine, the public has the right to use waterways for navigation, commerce, recreation and fisheries, even where the bed is privately owned, and to make “reasonable, incidental use of the bed and banks.” The public may use adjacent land only if it necessary for the lawful use of waterway. However, it is clear that river users have no right to trespass on privately owned uplands – that is, land above the ordinary high water mark.