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Show 4 The is here to ( the tha ) ( Master's Masters ) case - . now on exceptions Report . Such additional evidence to the ( Master's Masters ) Report as is pertinent to a decision . upon the law ( and andi ) the facts , will be set forth in the brief and appendix . THE PLEADIXGS The Master has set forth the gist of the Pleadings on pages 5 to 8 , inclusive , of his Report . ( SUMMABY SUMMARY ) ( OP OF ) THE ARGUMENT The State of Utah was admitted into the Union on January 4 , 1896 . ( 29 Stat . 876 . ) The title to the river bed is determined as of that date . In conformity with the constitutional principle of State equality , the title to the beds of the rivers within the State passed to the State , if the rivers were navigable , as of that date , provided the beds had not already been disposed of by the United States . If the rivers were not then navigable , the title to the beds remained in the United States . ( See page 7 , this brief . ) The question whether the rivers were navigable is to be determined according to the general rule ( recog recog- recog ) nized and applied in the Federal Courts . ( See page 7 , this brief . ) In determining the issue of navigability , the history of a river as to early use by fur traders , emigrants , merchants , etc . , is entitled to great weight . The San Juan , Green , and Colorado Rivers , in Utah , were not used by the pioneers as highways for ( transporta transporta- transporta ) ¬ tion or travel . Such lack of use in the days of difficult overland travel is weighty evidence of the |