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Show 7 stated, and said so in this language: " Both courts found that the lake was navigable, but they treated the question of navigability as one of local law, to be determined by applying the rule adopted in the State of Minnesota. We think they applied the wrong standard. Navigability, when asserted as a basis of right arising under the Constitution of the United States, is necessarily a question of Federal law, to be determined according to the general rule recognized and applied by the Federal courts." So that we start in this case with the evidence pointed toward what has been declared navigable or non- navigable ac-cording to the Supreme Court of the United States. There are some other decisions which sustain that same holding. In the case of Oklahoma V. Texas, which involved the navigability of the Red River, it was said-- and I think I can say to your Honor at this time that a reading of that case will disclose a navigability upon the Red River over a period of time which exceeds anything which has ever been dreamed of or attempted upon the Colorado River-- The special Master: ( Interposing) Counsel may assume that the Special Master is very familiar with the cases upon the point in question. Mr. Blackmar: Then it will not be necessary for me to read the excerpt from that case. The Special Master: You may give the citation. 1968 |