| OCR Text |
Show creek in which a 143 fishing skiff or gunning canoe can be made to float at high water which is deemed ( navigable na-vicrable navicrable ) ( tout but ) in order to give it the character of ( a' a ) navigable stream , it must be generally and commonly useful to some purpose of trade or agriculture . " In United States ( v T ) . ( Rio Bio ) ( Grande Grmide ) Dam & ( Irriga Irriga- Irriga ) tion Co . ( , J ) 174 U . S . 690 , the ( Eio Rio ) Grande River in New Mexico was held nonnavigable . The Supreme Court applied the rule of The Daniel Ball and The ( Montello Nontello ) , and , in the course of its opinion , said ( page 699 ) : Obviously , the Rio Grande within the limits of New Mexico is not a stream over ( vMch which ) in its ( ordinary ordinaTy ) condition trade and travel can be conducted in the customary modes of trade and travel on water . Its use for any purposes of transportation has been and is exceptional , and only in times of temporary high . water . The ordinary flow of water is insufficient . The Daniel Ball and The Montello cases ( were -were were ) followed by the case of Leovy v . United States , ( Till 177 ) ( TJ U ) . S . 621 . It was said ( at page 632 ) as follows : It is a safe inference from these and other cases to the same effect , which might be cited , that the term ( "navigable navigable "na-vigable navigable ) ( waters ivaters ) of the ( TJnited 'United United ) States , " has reference to commerce of a substantial and permanent character to be conducted thereon . The bayou was held not navigable . |
