| OCR Text |
Show Record OPENING STATEMENT OF DEFENDANT 4319 The evidence introduced by the Government at this time established the navigability in law and in fact of all of the river beds in question under the pleading, with only that area of Cataract Canyon in doubt. Our evidence in connection with Cataract Canyon 4320 will not vary greatly from the evidence of the Government. If it is determined that Cataract Canyon, a stretch of 40 miles, is not navigable, then the question arises whether a river that is navigable for 100 miles or more above a given section and is navigable for 100 miles or more below that section shall be considered in separate units. Our testimony will merely supplement the testimony of many of the witnesses for the Government with reference to the physical conditions and the incidents of traveling by boat over these streams. The San Juan River, although its navigation is attended by some difficulties, has been navigated many, many times. We believe that the evidence we will offer on that subject, in addition to that already in, will make it clear and conclusive that the San Juan River meets every test of the decided cases. We will also have considerable evidence relative to navigation upon the Green, and upon the Colorado from Moab to the junction and from the foot of the cataracts down to the State line. We think that evidence will make more certain the navigability of those sections of those rivers, and that they are no less navigable 4323 than is the San Juan. They are all three large rivers. The San Juan went dry one year for a very short time, but never since the white man has known either one of those rivers has there been a time, except that one brief period of a few days on the San Juan, when either of or the streams were not readily and manifestly susceptible of use as a highway for travel and trade. The fact that portions of the areas in question are wild, uninhabited sections, undeveloped and of little use at the |
