| OCR Text |
Show Kolb- D 773 true. That is my why, down on the San Juan river, I let in this testimony of conditions east of Chinle creek, because there might be shown some connection. But I can not see that conditions way up in the northern boundary of Utah will throw any light on whether the river is navigable south of Greenriver in Utah. MR. BLACKMAR: Mr. Farnsworth in his answer has alleged in seven different places that the Green river throughout the state of Utah is a navigable stream. THE SPECIAL MASTER: He may have alleged more than he has got to prove. MR. BLACKMAR: In addition to that, the 1927 legislature of this state of Utah passed a statute in which they declared the Green river was a navigable stream. Now when it comes to a consideration of the effect of that statute, as to whether or not it is reasonable or unreasonable, that can not be passed on unless we know the condition of the Green river. THE SPECIAL MASTER: It is well recognized, of course, that a river may be navigable in certain portions and non- navigable in others, as, for instance, the Rio Grande, which the Supreme Court has held to be non- navigable north of El Paso. Now, all that I involved, and all the government has to prove in this case, all the defendant has to disprove, 2741 |
