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Show -10- for not filing was unrelated to navigability and the present intention is to make corrective filings even now. The Regional Counsel pointed out that the problem of stating with certainty whether a stream is navigable in a legal sense is extremely difficult. Several of the streams involved may be regarded as not commercially navigable now because of various obstructions and diversions of water. But under tests of navigability commonly employed in the States in this region or as laid down in the New River case, the Boise, Payette, Snake, and Yakima Rivers were in their original state almost certainly navigable, and, therefore, continue to be navigable in legal sense. All of these rivers were used commercially in early days for transporting saw logs. Some had other traffic. In Arrowrock Dam, for example, to meet log transportation problem a log chute was actually built into the structure. In the case of the Payette River, commercial log runs have been made even within the past ten years. In the case of the Boise, Payette, and Snake Rivers, the State has declared these to be navigable for purpose of regulating fishing to points upstream from some of the Bureau's principal projects (see section 36-907, Idaho Code). The Idaho Land Commissioner has dealt with the bed of the Boise River as owned by the State, that being on the basis of the stream being navigable. The Idaho Supreme Court has declared the Snake River to be navigable and the Corps of Engineers, in administration of Federal law requiring clearances by it as to obstructions of navigable waters, regards the Snake as navigable. There can be no question, of course, as to navigability in both legal and practical senses of the Columbia River at Grand Coulee Dam. |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |