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Show SL Anthony Falls Water 37 ( Power Poiver ) Company v . Board of Water Commissioners , 168 U . S . 349 , was a case involving the rights of certain riparian owners near St . Anthony Falls , bordering on the ( Mississippi TMississippi ) River . The evidence indicates that for a short distance below and above St . Anthony Falls , the river was navigable , in its natural state . This Court does state : " ( Prelim Prelim- Prelim ) inarily , it may be said that the Mississippi River at the point in question is a navigable stream . " ( Page 359 ) An Act of Congress on February 26 , 1857 , c . 60 , paragraph 2 ( 11 Stat . 166 ) , constituted the Mississippi River a common highway for the inhabitants of the State and other citizens of the United States . The Mississippi River , like the Sacramento River , and other large rivers of the United States will be judicially noticed as a navigable river . The case of United States v . Cress , 243 U . S . 316 , involved certain suits brought in the District Court against the United States , to recover compensation for the taking of lands and water rights for the ( im- im ) provement of the Cumberland and Kentucky Rivers , in the State of Kentucky , in aid of navigation upon these rivers . The evidence of the actual ( naviga naviga- naviga ) ¬ bility of these rivers is not included in the opinion , but considering the part that the Cumberland and Kentucky Rivers have played in the history of this country , no evidence would be necessary to sustain their character as highways of commerce . In this case this Court quoted at length from The Montello decision . The following language from that decision is especially pertinent ( page 324 : ( 35G23-31-4 35G23314 ) |
