DeGayner & Co. v. DNR
In DeGayner & Co. v. DNR, 70 Wis. 2d 936, 946, 236 N.W.2d 217 (1975) evidence showed "that modern recreational canoes and kayaks could successfully be used for recreational purposes in as little as three inches of water." 70 Wis. 2d at 945.
It is not essential that the capacity of the stream be continuous. See id. A stream not navigable in its low stage, or even in its ordinary stage, but navigable only "during periodic rises of the stream, which varied in their duration from four to thirteen days" met the legal standard of navigability. 70 Wis. 2d at 945-46.
Also, a "stream was held navigable despite the fact that it was navigable in fact only during the spring run-off period." 70 Wis. 2d at 946.