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Show discussing other cases where 202 the Supreme Court of the United States points out that in determining what ( con- con ) stitutes ( "navigable navigable ) water of the United ( States" States ) a line must be drawn at some point ; that merely because a small boat might be able to travel from a ( creek creelc ) or marsh through a shallow channel into a great river such creek or marsh does not have the status of ( "navigable navigable ) water of the United States . " Davis et al . v . Gulf & I . ( Ry RV ) . Co . of Texas et al . , 31 Fed . ( 2d ) 109 , merely affirms the decision of the court below and refers to no fact or principle not mentioned above in our discussion of the trial ( court's courts ) opinion . In Leovy v . United States , ( 111 177 ) U . S . 621 , it appears that appellant was convicted in the trial court of unlawfully ( build build- build ) ¬ ing a dam across a stream known as Red Pass without the consent of the Secretary of War . Here again the question before the Court was not whether Red Pass was navigable in intrastate commerce but whether it was ( "navigable navigable ) water of the United States . " Under the Act of ( March farch ) 2 , 1849 , Congress granted to Louisiana all swamp and overflowed lands found to be unfit for cultivation , the ( purpose parpose ) of this grant being to aid that state in constructing necessary levees and drains to reclaim such lands . The Court ( p . 626 ) ( ar- ar ) rives at the conclusion that the dam in question was ( "con con "con- con ) structed under the police power of the State and within the terms and purpose of the grant by Congress / ' The Court says at page 627 : ( "It It ) is conceded that Red Pass is not a natural stream , but is in the nature of a crevasse , caused by the overflow of water from the Mississippi River . This crevasse seems to . have been formed some time before the grant by the United States to Louisiana , and the fact that by this and similar ( breaks bteaks ) through the banks of the river large tracts of land were ( ren- ren ) dered worthless , was , it may be assumed , well known to Congress , and was , indeed , the actuating cause of the grant . ( "As As ) respects navigation through Red Pass , there was some evidence , on the part of the government , that small luggers or yawls , chiefly used by fishermen to carry oysters to and from their beds , sometimes went through this pass ; but it was not shown that passengers were ever carried through it , or that |