OCR Text |
Show are such that its 152 ( use iise ) for ( transportation ta-ansportation taansportation ) has been and must be exceptional and confined to the irregular and short periods of ( tempo tempo- tempo ) rary ( high Idgh ) water . A greater capacity for practical and beneficial use ( in ill ) ( commerce cominerce ) is essential to establish navigability . ( Tins This ) case is important ( in ill ) ( determining determinilig ) the issue of navigability in the case now before the court ( be- be ) cause , as has previously been pointed out ( in ill ) this brief the Red River has physical characteristics , , ( which whicli ) impede ( navigation liavigatioti ) , similar although ( in ill ) a lesser degree to those of the Colorado Green and , , , San Juan rivers and for the further reason that , the attempts at navigation and actual navigation upon the Red River far exceeded anything ( which -Nvhich Nvhich ) has ever been done , attempted , or hoped for ( 011 oil ) the Green , Colorado , and San Juan rivers . In the case of ( Brewer-Elliott BrewerElliott ) Oil Co . v . ( United Uitited ) States , 260 U . S . 77 , the court had under ( considera colisidera- colisidera ) tion the navigability of the Arkansas River . In ( de- de ) ciding that the Arkansas River was not navigable in Oklahoma above the Grand River , the Court said at page 86 : A navigable river in this country is one which is used , or is susceptible of ( being behig ) used in its ordinary condition , as a ( highway highNmy ) for commerce over which trade and travel are or may be conducted in the customary modes of trade and travel ( on oil ) water . It does not ( de- de ) pend upon the mode by which commerce is conducted upon it , - ( whether vliether ) by steamers , ( sail- sail ) ing vessels , or flat boats , nor upon the ( difficul- difficul ) |