OCR Text |
Show with sudden changes ( Appendix . to brief p . 119 , , Exception 33 ) in the water level . Sand and sediment Appendix to brief p . 132 , Exception 23 ) combined ( with 'with with ) the tortuous course of the river ( Appendix to brief p . 99 ) and the erratic stream flow produce a succession of sand bars which shift with thewater level . . Depths Appendix to brief p . 121 , ( Exceptions xceptions ) 34,36,60 ) over the sand bars are so shallow that boats with a draft of less than 12 inches frequently ground . The channel of the river is unstable ( Appendix to brief p . 135 , Exception 38 ) and shifts from side to side . Rapids and riffles are found between Greenriver and the mouth of the San Rafael ( Appendix to brief p . 105 ) , between Castle Creek and Moab , and between Mile 176 and the ( Utah-Arizona UtahArizona ) Line ( Appendix to brief p . 108 , Exception 64 ) . Consideration of this evidence we believe will lead inevitably to the conclusion that the Utah Rivers are nonnavigable , within the repeated rule of this Court , merely because of their physical characteristics . In the case now before this Court , both expert and lay witnesses testified as to the physical ( character character- character ) istics of the rivers ( in ia ) question . See Exceptions Green 51 , 52,70 ; Colorado ( Grand ) 531 54 , 71 ; Colorado 67 , 68 , 69 , 72 . In considering the physical obstructions to ( nav'i- navi ) gation the Master compared the sand bars in the Utah Rivers with the portages in ( The 7"he 7he ) ( Montello Alontello ) case , and the Economy ( Light Liqht ) & Power case , supra ( M . R . 97 , Exceptions 34 , 35 , 36 . ) In each of these cases when the portage was accomplished or the falls passed , there |