OCR Text |
Show The title of the United 12 States to thebeds of the rivers and the title of the State of Utah must be determined as of the date of statehood . In this case there had been a complete exploration and scientific ( examination examinatioil ) of the rivers prior to ( state- state ) hood , and the effect of that evidence will be ( dis- dis ) cussed later ( in ill ) this brief . Should the evidence , and it is the contention of the Government that it does , demonstrate the nonnavigability in fact of the rivers prior to statehood , then the title in the river beds remains ( vested irested ) ( in ill ) the United States . Evidence of navigability and nonnavigability since statehood ( becomes becolnes ) competent only in so far as it serves to explain matters prior to statehood . VI PHYSICAL CHARACTERISTICS ( A ) Navigability of a river in law , is predicated upon navigability in fact , and , in order to determine navigability in fact , the physical characteristics of the river must be considered , ( B ) The physical characteristics of the Green , Colorado , and San Juan Rivers within the State of Utah are such that in their natural and ordinary condition they have never in the past been and will never in the future be used as highways of commerce The navigability of a river in law must have its ( foundation -foundation foundation ) upon navigability in fact . Navigability in fact must be tested by the use or the ( suscepti suscepti- suscepti ) bility of use of the river as a highway of ( commerce coinmerce ) . This was ably and clearly stated by ( Mr IvIr ) . Justice |