OCR Text |
Show 142 6329 4320 and in fact of all of the river beds in question under the pleadings, with one area only as to which there may be doubt, -- I refer to Cataract canyon. In evidence in this case we do not expect to vary greatly from the testimony of the government, as to Cataract canyon, that is. There is that stretch of some forty miles where rapids are frequent, where there is ex-treme difficulty in passing up or down. I know of no case that can be cited that would be of any particular aid to the court in arriving at a conclu-sion with respect to that forty- mile strip. This question is followed by another question that will arise if it is determined that that forty- mile strip is not navigable; that is the question whether a river that is navigable for one hundred miles or more above a given section and is navigable for one hundred mile or more below a given section shall be considered in separate units; because there may be a small section in between that the court might think does not meet the requirements of navigability. I don't know of any case that can be cited which authoritatively speaks of a situation such as would be pre-sented here, if the court believes that Cataract canyon is |