No. 15 Original, Brief of Defendant, the State of Utah, 1929

Brief of Defendant, 1929, p. 001

pn ( % tilt ) j ( upmtte uyrjeme ) ( Olourl gaurt ) of ( % t4t ) Anff0 , q1aftei October Term , 1929 No . 15 , ORIGINAL THE UNITED STATES OF AMERICA , Plaintiff , v . THE STATE OF UTAHP ( Defendant Defemlant ) . Brief of Defendant , The State of Utah The substance of the pleadings is correctly stated on pages 2-7 of ( Complainant's Complainants ) brief . Although ( Defendant's Defendants ) prayer for general relief would doubtless be ( construed-to construedto ) include a prayer that it ( -be be ) adjudged and decreed to be the owner of those ( por- por ) tions of the river beds here in controversy , it was stipulated between the parties to the action ( R . 5 , Vol . 1 ) that ( Defen Defen- Defen ) ( dant's dants ) prayer is intended , and for all purposes of this case shall be construed to include and be considered and treated as including a prayer that Defendant be adjudged and decreed to be the owner of all of those portions of the beds of the Colorado , Green and San Juan Rivers mentioned in subdivision numbered II of ( Complainant's Complainants ) Bill of Complaint . The portions of the river beds in controversy are ( cor- cor ) rectly ( stated -stated stated ) on pages ( 1 I ) and 2 of ( Complainant's Complainants ) brief . We agree with the conclusion expressed by Complainant that the question of navigability of said rivers in interstate commerce is not in issue here and that evidence as to physical conditions and navigability on those portions of the rivers lying within Utah but without the areas in controversy is material only in so far as it may properly affect the question of navigability of the rivers within the areas in ( dispute -dispute dispute ) . This is in accord with the rulings of the Special Master . The significance , if any , of ( Complainant's Complainants ) status as a riparian owner , the materiality and effect of Utah statutes , and other matters argued in ( Complainant's Complainants ) brief , will be discussed by us after we have examined the evidence and the ( Unless otherwise indicated the italics appearing in this brief are ours . )