OCR Text |
Show 4 This exception is based upon the ground that the evidence introduced herein without contradiction and conclusively ( es- es ) tablishes that when the State of Utah ( -was was ) admitted into the Union on January 4 , 1896 , said portion of said Colorado River located and ( extending- extending extending ) between said Mile 216.5 above Lees Ferry and said Mile 212.15 above Lees Ferry was capable and susceptible of being used in its natural and ( ordinary ordint-Viry ordintViry ) condition as a highway for commerce over which trade and travel might , be conducted in the customary modes of trade and travel on water . V . The State of Utah excepts to the failure of the Special Master to make and file herein a conclusion of law that when the State of Utah ( was Nvas ) admitted into the Union on January 4 , 1896 , said portion of the Colorado River located and ( extend extend- extend ) ing between said Mile 216.5 above Lees Ferry and said Mile 212.15 above Lees Ferry was navigable in law and that the title to the bed of said portion of said river then vested and is now vested in the State of Utah . This exception is based upon the ground that the evidence introduced herein without contradiction and conclusively ( es- es ) tablishes that ( when Nvhen ) the State of Utah was admitted into the Union on January 4 , 1896 , said portion of said Colorado River located and extending between said Mile 216.5 above Lees Ferry and said Mile 212.15 above Lees Ferry was capable and susceptible of being used in its natural and ordinary condition as a highway for commerce over which trade and travel might be conducted in the customary modes of trade and travel on water . VI . The State of Utah excepts to the failure of the Special ( Mas- Mas ) ter to recommend that a decree be entered dismissing the Bill of Complaint so far as it relates to that portion of the Colorado River ( and ard ) the bed thereof located and ( extending- extending ) between said Mile 216.5 above Lees Ferry and said Mile ( 212,15 212.15 ) above Lees Ferry , and in this conection further excepts to the failure of the Special Master to recommend that a decree be entered decreeing that when the State of Utah was admitted into the Union on January 4 , 1896 , said portion of said Colorado River was navigable in law and in fact and that title to the bed of said portion of said river then vested and is now vested in the State of Utah . |