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Show river if travel were possible ( 34 31 ) . The hardships of overland travel were stupendous . The roads were rough , the country barren , and both travelers and animals suffered from heat and thirst . In the parts of the United States where none of these ( hard hard- hard ) ships existed , rivers were used for trade and travel . Even necessity could not transform the Green , \ Colorado , and San Juan in Utah into highways of commerce over which trade and travel of the early days could pass in the customary modes . Such ( non- non ) user must be construed as convincing evidence of nonnavigability . ( Exceptions 7 and 8 . ) Compare with United States v . Holt State Bank , 270 U . S . 49 , 57 , where waterway was used because it was more dependable than the overland travel . IV THE LAW ] DEFINING NAVIGABLE RIVERS The law as to what constitutes a navigable river is simply stated in the case of The Daniel Ballj 10 Wall . 557-563 , in this language : Those rivers must be regarded as public navigable rivers in law which are navigable in fact . And they are navigable in fact when they are used , or are susceptible of being used , in their ordinary conditions , as highways for commerce , over which trade and travel are or may be conducted in the customary modes of trade and travel on water . This rule is reiterated in practically the same ( lan- lan ) guage in the later cases . When the character of the rivers , the history and the extent of navigation in the |