OCR Text |
Show in no manner prevented . the 223 Legislature from making its declaration of State ownership of the beds of the Green , and Colorado rivers in 1927 . The language of ( Sec See ) . ( 6575 5575 ) above quoted does not purport to ( convey corivey ) the beds of ( non-navigable nonnavigable ) waters to riparian owners and was employed merely to define the scope of the provisions of the 1921 statute . ( UTAH 'LJTAH LJTAH ) HAS NOT TREATED THE RIVERS AS BEING ( NON-NAVIGABLE NONNAVIGABLE ) . On pages 189-194 of its brief , Complainant argues that , because placer miners have , from 1885 until the present ( time tim'e time ) , located mining claims along and extending into the beds of these rivers , purporting to make such locations under the ( mining- mining mining ) ( laws lavs ) of the United States , and have , both before and since ( statehood -statehood statehood ) , filed notices of such locations with the recording officers of certain Utah counties , ( Defend Defend- Defend ) ant is placed in the position of admitting that these rivers are not navigable . Under the recording laws of that state , as under the recording laws existing before statehood , a county recorder rests under the duty of receiving and , recording any instrument purporting to affect the title to real property upon receipt of the prescribed fee . It is a matter of common knowledge that mining locations are made and notices thereof filed by prospectors and ( miners minerg ) on property of all kinds and , descriptions and ( regardless Tegardless ) of the situs of the title at the time such locations are made . Usually this is done innocently and the recording of such notices of location in no manner tends to destroy the title of the real owner . No one ever knows or cares anything about such records except when some controversy as to priority arises between different locators . We cannot believe that Complainant intends to seriously urge that the State of Utah failed to bring suit against these prospectors because it felt that the rivers in question did not have sufficient navigable capacity With reference to the language ( appearing' appearing appearing ) in State leases requiring the lessee to defend suits that might be brought by the United States or those claiming under it , we invite attention to the fact that the anticipated litigation came . In this connection we will volunteer the ( information inforination ) that had Defendant known that the present suit would be as expensive as it has proved to be the lessees would not have been relieved of their obligation in the premises for the ( compara- compara ) |