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Show 79 In ( Brewer-Elliott BrewerElliott ) Oil Go . v . United States , 260 U . S . 77 , the evidence and the findings of fact of the trial judge ( see record of case in this Court ) shows the actual use of the Arkansas River far exceeded anything upon the Green and Colorado Rivers in Utah . The evidence also shows that there ( were- were ) many pleasure boats on the river at the cities of Muskogee , Tulsa , Arkansas City , and other places . ( See Appendix to brief , pp . 196 , 198 . ) This Court . adopted the findings of the trial judge and held that ; the river at the points in question was nonnavigable , . and states , as a prerequisite to navigability , it must . ( 'be be ) shown that the river " ( affords "affords affords ) a channel for useful commerce . " There was ample evidence as to the use of boats for private purposes , and the ( conclusion conclusiou ) of nonnavigability by this Court , therefore , interprets ( the- the ) words ( "useful useful ) ( commerce" commerce ) as meaning substantial , , practical , commercial use of the rivers by the public . . This discussion justifies two conclusions : 1 . This Court has never held a river or lake ( navi- navi ) gable unless there was positive proof of practical , , substantial , and commercial navigation . 2 . In no case has this Court held that the operation of noncommercial , semicommercial , or small ( boatsx boats ) . , establishes the navigability of a stream or lake or its susceptibility for use as a highway for commerce . . Measured by the rules announced in the ( cases cases- cases ) . cited , supra , the boating in Utah ; on the Colorado , and , Green Rivers falls short of establishing ( navi- navi ) gability . . |
