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Show without question , these streams 216 should not be held ( unnavi- unnavi ) gable unless the language of the Supreme Court of the United States in ( Economy EconwnV ) Light & ( Pmver Power ) Co . V . United States be modified so as to declare the law to be that ( "navigability navigability ) , in the sense of the law , is destroyed if the water course is interrupted by occasional natural obstructions or portages , or if the navigation is not open at all seasons of the year and at all stages of the water ; ( '1 " ) and the language of that court in The ( Montello 211ontello ) should also be ( modified nodified ) so as to declare that a river ( "is is ) not navigable if its navigation is encompassed with difficulties by reason of natural barriers such as rapids and sand bars . ( ft "' ) CATARACT CANYON Defendant has made no survey of Cataract Canyon and produced no evidence relative to the length or location of the different rapids in that stretch . From the testimony it appears that there is quiet water between the rapids and that there is ample shore land at every rapid except one at the lower end of the canyon , so that portages of boats and cargo can be made if it is not desirable to run the rapids . It appears from ( Complainant's Complainants ) Exhibit No . 10 that the ( ag- ag ) gregate length of all rapids in Cataract Canyon is 11.2 miles . We do not contend that these rapids can be ( safely -safely safely ) run in an open boat , and , with the most approved type of boat , it would doubtless be a dangerous process for one not skilled in handling a boat . The ( MonteUo Montello ) and , Economy Light & Power Company cases are more likely to be of aid in deciding the status of the river through Cataract Canyon than any other cases we have found . In view of the ( unde- unde ) niable navigability of the stretches above and below ( Cataract Catpract ) Canyon , it would create a somewhat ( anomalous anornalous ) situation if the comparatively short stretch between those portions should not be given a like status . QUESTIONS SUGGESTED BY THE SPECIAL MASTER . The Special Master ( R . 5532 , Vol . 32 ) suggested that in their briefs counsel for the parties to the action give some consideration to the four questions indicated below . ( 1 ) Under the rule applied by the Court to what extent , if any , must the river be navigable in both directions , up as well as down ? |