OCR Text |
Show ( homa honza ) v . ( Texas Pexas ) , United States 52 v . Rio Grande Dam and Irrigation Company , supra . The Government asserts that the Green and ( CA- CA ) rado Rivers in Utah possess physical characteristics which have prevented these rivers , in the State of Utah , from being used as highways of commerce , in the ( past poast ) and will prevent such use in the future , and that the operation of boats upon these rivers has been of a minor character , attended by such difficulties arising from the natural condition of the rivers , that nonnavigability is established . V PHYSICAL ( CHABACTEBISTICS CHARACTERISTICS ) ( A ) Navigability of a river in law is predicated upon ( navi- navi ) gability in fact , and , in order to determine navigability in fact , the physical characteristics of the river must be considered ( B ) The physical characteristics of the Green , Colorado , and San Juan Rivers within the State of Utah are such that in their natural and ordinary condition they never have in the past been and never will in the future be used as highways of commerce Navigability in fact must be tested by the use or the susceptibility of use of the river as a highway of commerce . All of the cases limit navigability in fact and hence navigability in law to those streams which in their ordinary condition may be termed highways of commerce over which trade and travel are or may be conducted in the customary modes of trade and travel on water . This limitation excludes unusual or exceptional modes of trade and travel . If , therefore , the physical characteristics of a river are such that |