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Show 87 The small boats operated at irregular times upon the rivers in Utah are not the kind described in Oklahoma v . Texas , supra , as sufficient to be of such service to ( constitute constit'ute constitute ) proof that these rivers have a practical use in commerce . At page 121 of the ( Master's Masters ) Report , lie quotes from United States v . ( Brewer-Elliott BrewerElliott ) Oil & Gas Co . , , 249 Fed . 609 , 623 , as follows : * * * The use of that portion of the river for transportation boats has been ( excep- excep ) tional and necessarily on high water , was found impractical , and was abandoned . The ( raft- raft ) ing of logs or freight has been attended with difficulties precluding utility . There was no practical susceptibility to use as a highway of trade or travel , with the comment that the quotation is not ( descrip- descrip ) tive of the conditions on the Green and the Colorado Rivers . True , the operation of boats on the Green and ( Colo- Colo ) rado in Utah was not at times of high water . High water on these rivers was a hazard to be avoided . A medium stage of water was most desired , but this situation also limited the months when boats could be operated . Navigation at all stages in Utah was found impractical and abandoned . When this Court says of the Arkansas River that it lacked ( "practical practical ) susceptibility to use as a highway of commerce / ) it aptly describes the Green and Colorado Rivers . The other cases referred to on page 122 of the ( Master's Masters ) Report , have already been commented upon in this brief , see page 45 . . |
