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Show 148 ( 'In In ) that case it was admitted that there had been no , navigation upon Mud Bayou , , but it was also admitted that boats of light draft could conduct commerce over it , should there be a , commercial Aemand . In discussing this phase of the case ( page 933 ) , , the court said : Upon these authorities defendants declare that , since the facts establish , , as they do , , that there is water enough in ( Mud Xud ) Bayou to support ( water-borne waterborne ) commerce in boats of light draft up to the railroad bridge and above , if there were any to go there , and that this Mud Bayou empties into East Bay Bayou , East Bay Bayou into East Bay , and ( East Mast ) ( Btiy Bay ) into the Gulf of Mexico , so that the stream in question has connection , ( im- im ) mediate and practical , with a recognized highway of commerce , interstate and ( for- for ) eign , a finding is required that , though it has not in the past been navigated , and is not now being navigated , it is a navigable stream , because it is capable of use by the public for the purposes of transportation and commerce , whenever such transportation and commerce become available . Plaintiffs , on the other hand , while ( ad- ad ) mitting that as a matter of fact boats of light draft could conduct commerce over Mud Bayou and beyond the bridge , if there ( -was was ) any ( commerce conamerce ) actual or potential , to be ( con- con ) ducted , declare that while the presence of sufficient water in the stream to support |