OCR Text |
Show 3 confluence of the Green River with the Grand River at Mile 216.5 above Lees Ferry down to the end of Cataract Canyon at Mile 176 above Lees Ferry ; and that title in and to the bed of the Colorado River between said points was on that date vested in the United States of America , except so far as the United States of America may have theretofore made grants of said bed ; and that the State of Utah be forever enjoined from asserting any estate , right , title , or interest in or to said river bed or any part thereof adverse to the United States of ( Amer Amer- Amer ) ica or its grantees and from in any manner disturbing or ( in- in ) terfering with the possession , use and enjoyment thereof by the United States of America or its grantees , " in so far as said recommendation affects or relates to that portion of the ( Col- Col ) orado River located and extending between the confluence of the Green River and the Grand River at Mile 216.5 above Lees Ferry and the first rapid or ( so-called socalled ) cataract ( encoun encoun- encoun ) tered by one traveling downstream on said river from said confluence , said first rapid or ( so-called socalled ) cataract being located at Mile 212.15 above Lees Ferry . This exception and objection is based upon the ground that the evidence introduced herein is insufficient to sustain or justify the entry of a decree that said portion of the ( Col- Col ) orado River located and extending between said Mile 216.5 above Lees Ferry and said Mile 212.15 above Lees Ferry was on January 4 , 1896 , ( non-navigable nonnavigable ) water of the State of Utah , or that title in and to the bed of said last mentioned portion of said river on January 4,1896 , remained vested in the United States of America , or that the State of Utah be enjoined from asserting title thereto or from exercising and enjoying the possession and use thereof , IV . The State of Utah excepts to the failure of the Special Master to find that at the time of its admission into the Union on January 4 , 1896 , that portion of the Colorado River located and ( extending- extending extending ) between the confluence of the Green River and the Grand River at Mile 216.5 above Lees Ferry and the first rapid or ( so-called socalled ) cataract encountered by one traveling ( down- down ) stream on said river from said confluence , said first rapid or ( so-called socalled ) cataract being located at Mile 212.15 above Lees Ferry was capable and susceptible of being used in its natural and ordinary condition as a highway for commerce over which trade and travel might be conducted in the customary modes of trade and travel on water . |