Yes, so we define "navigable waterway" to even include streams that only run a few days a year, and then a few years later extend authority over their watersheds, all in the name of protecting the environment. Quite a progressive end run around the concept of enumerated powers, don't you think? Stroke of the pen, law of the land. Unlimited government control over what land they don't hold direct title to. Cool.
Constitution? We don't need not stinkin' Constitution!
So, what we do is REDEFINE “navigable” to include ONLY ships of the displacement of an aircraft carrier ~ just run the deal all the way back!