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Show conclusive , it is nevertheless 93 not without ( po- po ) tency as a fact in its bearing on the question since it is not to be lightly presumed that the state will part with its title to property of known or recognized value for public use . ( In Tn ) the year 1925 the oil prospects in the Colorado River bed below Moab became interesting . One company had expended large sums of money in the development of permits , granted ( 'under under ) the laws of the United States , Act of February 25 , 1920 , c . 85 ( 41 Stat . 437 ) , which included parts of the bed of the Colorado River ( Compl . Exhibits 465 , 466 ) . The State of Utah immediately asserted the navigability of the rivers , and granted to other persons leases to the same portions of the river bed ( See Compl . Exhibits 608 to 617 , 634 to 637 ) as those upon which Government permits had already been issued . Each of the State leases contained the following clause ( Art . ( VIII-A VIIIA ) ) : It is understood that the title to said lands of the State of ( Utah Utali ) may be disputed by the United States or those claiming under it . Pending active litigation involving the title to said lands of the State of Utah or its right directly or through a lessee to develop and operate said lands for oil and or gas and to produce said products from said lands , ( in- in ) stituted either by the United States or those claiming under it , or by the State of Utah or Texas Production Company as its lessee , the requirement of actual drilling on said lands shall be suspended , and also all other operations or activities on said lands ; ( pro- pro ) |