OCR Text |
Show 5 This exception is based upon the ground that the evidence introduced herein without contradiction and conclusively ( es- es ) tablishes that said portion of said Colorado River located and extending between said Mile 216.5 above Lees Ferry and said Mile 212.15 above Lees Ferry was , at the time of the ( admis- admis ) sion of the State of Utah into the Union on January 4 , 1896 , capable and susceptible of being used in its natural and ( or- or ) ( dinary diinary ) condition as a highway for commerce over which trade and travel might be conducted in the customary modes of trade and travel ( on oil ) water and no evidence has been ( intro- intro ) duced herein which proves or tends to prove that since the State of Utah was admitted into the Union on January 4 , 1896 , it has , by grant or ( otherwise otlierwise ) , been devested of its title to said portion of said bed . VII . The State of Utah excepts and objects to the ( recommenda recommend ) - tion of the Special Master , appearing in subdivision ( numbered -numbered numbered ) ( 6 ) on page 185 of said Report , that a decree be entered herein ( "providing providing ) that the United States of America shall in no wise be prevented from taking any such action in relation to said Rivers or any of them as may be necessary to protect and preserve the navigability of any navigable waters of the United States . " This exception is based upon the ground that it is neither alleged nor proved herein that the State of Utah has done or threatened any act that would or could destroy , injure or affect ; the navigability of any navigable waters of the United States . It is alleged ( in 'in in ) the complaint and admitted in the answer that none of the rivers here involved are navigable in interstate commerce and any evidence relative to physical conditions , stream characteristics or navigability of sections of said rivers outside the sections here in controversy was expressly limited to ( such sucirl ) bearing as it might have on the question of ( naviga- naviga naviga ) bility within said sections . The State of Utah made no surveys or investigations of any of the rivers here involved outside the boundaries of ( Utah Tltah ) and was wholly unprepared and made no attempt to present evidence as to navigability on any ( sec- sec ) tions of the rivers outside its boundaries . VIII . The State of Utah excepts to the following statement found on page 147 of the Report : ( "I I ) find that to navigate upstream successfully requires the use of motor boats . . 3 " |