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Show ; was open water either ( above aboNre ) 55 or below . On the ( Utah VIall ) , rivers , the sand bars were continuous . See Oklahoma v . ( Texas Teras ) . It was barely possible for small boats to get through the rivers , but merely getting through does ( not knot ) prove a practical use of the rivers for the purpose of transportation . The characteristics of these rivers in Utah are , such that neither Richardson nor Colonel Dent , who are shown to be familiar ( Avith with ) river systems through ¬ out the United States , know of any other comparable rivers . ( Abs . R . Vol . 1 , p . 328 ; Vol . 2 , p . 929 . ) The characteristics are plainly such that the use of the rivers in Utah in the past for purposes of boating has been exceptional , unusual , and confined to irregular periods . Those same characteristics will prevent future . ( navigation -navigation navigation ) . ( "A A ) greater capacity for practical and beneficial use in commerce is essential to establish navigability . " Oklahoma v . Texas , 258 U . S . 574,591 . VI COMMERCIAL EXPERIMENTS AND MINOR BOATS Boating experiences on the Green , Colorado , and San Juan Rivers demonstrate that these rivers in Utah possess none of the attributes of highways of commerce ( Exceptions 33 and 45 ) These physical obstructions which prevent these rivers from meeting the test of navigability are not mere geographical data . They have confronted and repelled repeated but occasional efforts of men to travel on these rivers in small boats . The actual experience of men with boais upon the rivers ( com- com ) pletes the picture of nonnavigability . |
