OCR Text |
Show 6 3y ( Executive xecutive ) Order dated ( May IN'lay INlay ) 17 , 1884 , President Arthur set aside certain lands , a part of which were in Southern Utah , as a reservation for Indian ( pur- pur ) poses . This Order described one course as running to the middle of the channel of the Colorado River , and thence up and along the middle channel . of the ( Colo Colo- Colo ) ¬ rado and San Juan Rivers . The Order includes all of the San Juan River involved in this suit , and that part of the Colorado River between the mouth of the San Juan and the ( Utah-Arizona UtahArizona Utall-Arizona UtallArizona ) Boundary Line . The natural inference is that the Executive made the reservation extend to the middle channel of the rivers because the rivers were not navigable . ( See page 90 , this brief . ) Since the admission of Utah to the Union , many mining locations have been made in the beds of the rivers under the Placer Mining Laws of the United States . The United States has also granted permits to drill for oil and gas in the beds of the rivers . Lands ( adjacent -adjacent adjacent ) to the rivers have been withdrawn by ( Execu Execu- Execu ) ¬ ( tive -tive tive ) Order for power site and irrigation purposes . All of these acts have been done , without objection on the part of the State of Utah , until the inception of ( this -this this ) litigation . While it is true that ( non-action nonaction ) on the part of Utah is not conclusive against navigability , nevertheless it is evidence to be considered with the other facts and circumstances in this case . ( See ( page parre ) 91 , this brief . ) |