Title |
No. 15 Original, Brief of Defendant, the State of Utah, 1929 |
Subject |
Mines and mineral resources -- Environmental aspects -- Utah; United States -- Trials, litigation, etc.; Utah -- Trials, litigation, etc.; Utah -- Trials, litigation, etc.; Utah -- Trials, litigation, etc.; Colorado River (Colo.-Mexico); Colorado River (Colo.-Mexico) -- Environmental aspects |
Description |
Testimony given before special master Charles Warren in a suit brought by the United States against the state of Utah over ownership of the bed of the Colorado River. Much of the testimony was given by river runners, scientists and engineers, petroleum geologists, and placer miners. The testimony constitutes an extensive oral history of the men and women who utilized the Colorado River Basin in Utah prior to 1929. |
Publisher |
Microfilm gift of John Weisheit, 1997 |
Date |
1929-10 |
Type |
Text |
Format |
application/pdf |
Source |
Original format: 12 microfilm reels |
Language |
eng |
Relation |
No. 15 Original, Brief of Defendant, the State of Utah, 1929 |
Spatial Coverage |
Colorado; Utah; Mexico |
Rights Management |
Digital image copyright 2003, University of Utah. All rights reserved. |
Holding Institution |
J. Willard Marriott Library, University of Utah; Originals in: Utah State Archives; Salt Lake City, Utah. |
Scanning Device |
Sunrise 2000 Microfilm Scanner |
Scanning Contractor |
iArchives Inc., Orem, UT |
Call Number |
ACCN 1702 |
ARK |
ark:/87278/s69p339m |
Setname |
usa_crc |
ID |
110907 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s69p339m |
Title |
Brief of Defendant, 1929, p. 219 |
Format |
application/pdf |
Identifier |
1929-1931-roll12_0464b.jpg |
Holding Institution |
J. Willard Marriott Library, University of Utah Originals in: Utah State Archives; Salt Lake City, Utah. |
Resolution |
Archival TIFF: 3000 x 4600 |
Dimensions |
JPEG: 650 x 1000 |
Bit Depth |
8-bit |
OCR Text |
Show reason to abandon their horses 219 and wagons and set out on a boat journey even if they had had materials with which to build a boat . Since the question of interstate navigability is not in issue here , we have little evidence as to the rapids and other navigation difficulties in Grand Canyon except such as is contained in Major ( Powell's Powells ) reports and other documents . A ( glance glaace ) at the map of Utah and Arizona clearly shows why the Mormons did not use the rivers in traveling between their settlements . In going from Salt Lake City to the settlements in central and southern Utah the line of travel was necessarily far distant from either of these streams and in going thence to their settlements in Arizona or to Bluff , they would be compelled to travel with their teams and wagons and had no occasion to navigate the rivers ( , . ) RIGHTS INCIDENT TO ( COMPLAINANT'S COMPLAINANTS ) RIPARIAN ( OWNERSHIP OWNERSIUP ) . In its statement in support of its motion for leave to file the bill of complaint herein , Complainant says : ( "The The ) United States is a . riparian owner , and its claim to the river beds is based on that . " On page 2 of its brief Complainant again reiterates its riparian ownership and says that ( "its its ) claim to the river beds is based upon that ownership . " If as Complainant says , its claim of title is based on its riparian ownership , it has no title . This is true ( "whether whether vhether ) these rivers are navigable or unnavigable . ( Complainant's Complainants ) mere status as riparian owner gives it no more title to the bed of unnavigable water located upon or adjacent to its land than that possessed by any other riparian ( owner owmer ) . It is well settled that the rights of a riparian owner are measured and determined by the law of the State and not by federal law In making this ( state state- state ) ment ( "we we ve ) do not contend that where a grant of the bed of a stream or other body of water has been ( made nade ) before ( state state- state ) ¬ hood the State may by later action nullify such grant . In such cases the grantee retains title not because he is a ( ripar ripar- ripar ) ian owner ( but -but but ) because he is a grantee . In Hardin v . Jordan , 140 U . S . 371 , where title to the bed of an unnavigable lake ( mistakenly denominated as |
Setname |
usa_crc |
ID |
109161 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s69p339m/109161 |