| United States - 1913 - 182 pages
...transportation and commerce affords the true criterion of the navigability of a river, rather than the extent or manner of that use. If it be capable in its natural...navigable in fact and becomes in law a public river or highway.2 Applying these tests to a tributary of the Mississippi River in Tennessee, it was held that... | |
| United States. Federal Power Commission - 1963 - 1004 pages
...: The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. See also United States v. Utah, 283 US 64, 82-83. Also we may note that included in "navigable waters"... | |
| United States. Department of the Interior - Natural resources - 1965 - 666 pages
...that "the capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use." In The Montello, 87 US (20 Wall.) 430, 442, (1874), it was further stated by the Court that : * * *... | |
| United States. Federal Energy Regulatory Commission - Energy conservation - 1788 pages
...Rather, The capability of use by the public for purposes of transportation and commerce affords the true criterion of the navigability of a river, rather than the extent and manner of that use. And the Supreme Court held, 87 US at 443, that the Fox River, which "has always been navigable in fact,... | |
| United States. Federal Energy Regulatory Commission - Energy conservation - 1478 pages
...capability of use by the public for purposes of transportation and commerce affords the true criteria of the navigability of a river rather than the extent and manner of that use. Standards of navigability were restated and summarized by the Second Circuit Court of Appeals, in Rochester... | |
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