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Show Kolb- D 772 being described, and yet be entirely navigable below Green river. On the other hand, it might be entirely non- navigable below Green river, and navigable hundreds of miles north, but the fact of its navigability or its non- navigability hundreds of miles north of the locus seems to me has no bearing, unless you could prove that conditions were exactly the same the whole length of that river. I do not suppose that is possible. BY MR. BLACKMAR: We have this situation in this case, that it is charged in the bill of complaint that throughout the state of Utah the Green river is a non- navigable river. THE SPECIAL MASTER: You filed a map on which is marked in red the only portions of the river which you claim to be non- navigable. MR. BLACKMAR: The only parts which are involved in this particular lawsuit. THE SPECIAL MASTER: Yes, that is all we are trying, is this particular lawsuit. MR. BLACKMAR: Yes, but in considering this lawsuit, as to whether or not a certain stretch of the river is navigable or non- navigable, we certainly think the conditions outside of that particular portion have some reflection upon the entire situation. THE SPECIAL MASTER: To a reasonable extent that is 2740 |
