OCR Text |
Show , , * Ml . m - . , * 49 natural and ordinary condition as a highway for commerce . Its characteristics are such that its use for transportation has been and must be exceptional and confined to the ( irr- irr ) regular and short periods of temporary high water . A greater capacity for practical and beneficial use in commerce is essential to ( estab- estab ) lish navigability . This case is important in determining the issue of navigability in the case now ( before -before before ) the Court ( be- be ) cause the Red River has physical characteristics , which impede navigation , similar although in a lesser degree , to those of the Colorado , Green , and San Juan Rivers , and for the further reason that the attempts at navigation and actual navigation upon the Red River far exceeded anything which has ever been done , attempted , or hoped for on the Green , Colorado , and San Juan Rivers in Utah . In the case of ( Brewer-Elliott BrewerElliott ) Oil Co . v . United States , 260 U . S . 77 , this Court had under ( considera considera- considera ) tion the navigability of the Arkansas River . In ( de- de ) ciding that the Arkansas River was not navigable in Oklahoma above the Grand River , this Court said at page 86 : A navigable river in this country is one which is used , or is susceptible of being used in its ordinary condition , as a highway for commerce over which trade and travel are or may be conducted in the customary modes of * trade and travel on water . It does not ( de- de ) pend upon the mode by which commerce is conducted upon it , whether by steamers , ( sail- sail ) |