appalachian electric power argued decided december rehearing denied see appalachian electric power robert jackson atty francis biddle sol petitioner raymond jackson cleveland ohio hugo kohlmann new york city respondent abram staples atty virginia commonwealth virginia amicus curiae special leave justice reed delivered opinion case involves scope federal commerce power relation conditions licenses required federal power commission construction hydroelectric dams navigable rivers reach issue requires preliminarily decision navigability new river watercourse flowing virginia west virginia district circuit appeals held new river navigable enjoin respondent constructing putting operation hydroelectric dam situated river radford virginia sections rivers harbors act make unlawful construct dam navigable water without consent congress federal water power act however congress created federal power commission authority license construction dams upon specified conditions section act provided persons intending construct dam nonnavigable stream may file declaration intention commission investigation commission finds interests interstate foreign commerce affected permission shall granted construction otherwise construction go forward without license radford dam project initiated respondent predecessor new river development company filed declaration intention federal power commission june commission requested report general harry taylor chief engineers war department first reported river navigable also water flow dam properly regulated adverse effect navigation low water stages kanawha river new one principal tributaries possible adverse effect warrant refusing license construct dam control maintained review commission request however general taylor rendered second report concluding new river present condition navigable navigation kanawha adversely affected proposed power development march commission held hearing declaration evidence submitted general taylor second report respondent appalachian electric power company took assignment declaration intention august several days later filed application license commission suggestion expedite matters withdrawn later developed federal license required october district engineer war department held public hearing radford june commission made finding new river waters within definition section federal water power act section act project affect interests interstate foreign commerce july commission tendered respondent standard form license respondent refused april principally ground concerning rates accounts eventual unrelated navigation february respondent reiterated project within commission jurisdiction nevertheless offered accept part containing conditions protect interests navigation september attorney general mitchell advised commission properly issue license question submitted commission stated new river neither navigated navigable fact november commission take action application favorable adverse ground adjudication desirable establishment commission independent held another hearing february april denied application license directed respondent tendered standard form license act ordered proceed without license minority commission favored finding new river navigable majority however thought question courts commission jurisdiction properly based upon section federal water power act june respondent brought action commission remove cloud title restrain interference use property case dismissed jurisdictional reasons pending october commission without notice adopted resolution new river mouth wilson creek virginia north navigable respondent began construction work dam june may filed bill injunction construction maintenance proposed dam otherwise license federal power commission alternative mandatory order removal alleged new river navigable dam constitute obstruction navigation impair navigable capacity navigable waters new kanawha ohio rivers commission found dam affect interests interstate foreign commerce construction therefore violated rivers harbors act federal water power act respondent denied allegations also set forth number separate defenses based assumption new river nonnavigable fortieth paragrahs answer however set forth defenses relied respondent even river held navigable substance conditions federal license must strictly limited protection navigable capacity waters commission refusal grant license containing conditions unlawful relief conditioned upon commission granting respondent license defenses respondent put event adverse holding validity conditions act carried standard form license relate accounts control operation eventual acquisition project expiration license trial opinion reinforced formal findings fact law district decided new river navigable water respondent dam obstruct navigable capacity kanawha navigable river affect interests interstate commerce power commission findings matters final subject determination courts federal water power act vest commission authority require license nonnavigable river even commission authority require license dam nonnavigable waters impose conditions relation protection navigable capacity waters effort impose upon respondent license containing unlawful conditions barred relief district judge therefore dismissed bill left open government assert rights future operation project interfered navigable capacity waters circuit appeals one judge dissenting affirmed granted certiorari concurrent findings district finding new river navigable concurred circuit appeals careful appraisal evidence record courts stated detail circumstantial facts relating use river physical characteristics volume water swiftness obstructions real disagreement parties concerning physical historical evidentiary facts sharp divergencies view reliability indicia navigability weight attributed disagreement ultimate conclusion upon navigability drawn uncontroverted evidence respondent relies upon statement determination navigability must stand facts upon conventional rule factual findings concurred two courts accepted unless clear error shown cases involving navigability water courses without expressly passing finality findings occasions entered consideration facts found two courts determine whether courts correctly applied facts found proper legal tests deal issues us facts constitutional significance closely connected make rule serviceable guide legal concept navigability embraces public private interests determined formula fits every type stream circumstances times past decisions taken due account changes complexities circumstances river purport lay single definitive test draw prior decisions field apply due regard dynamic nature problem particular circumstances presented new river circumstances certain judicial standards applied determining whether complex conditions respect capacity use interstate commerce remder navigable stream within constitutional requirements standards ultimate conclusion invorve questions law inseparable particular facts applied navigability power waters capable use interstate highways arises commerce clause constitution art cl congress shall power regulate commerce among several held early history power regulate commerce necessarily included power navigation make control effective congress may keep gable waters open free provide sanctions interference country water assets may legislate forbid license dams waters power improvements navigation rivers possess control waters within borders acknowledged jurisdiction constitution regard commerce navigation waters rivers subordinate local control even navigable rivers creates respective governments contrariety interests relating regulation protection waters licenses operation structures acquisition projects end license term doubt possesses power control erection structures navigable waters navigability new river course factual call fact obscure diverse elements enter application legal tests navigability dealing sovereign powers union nation right waterways utilized interests commerce whole country obvious uses streams may put vary carriage ocean liners floating logs density traffic varies equally widely busy harbors seacoast sparsely settled regions western mountains tests navigability must take variations consideration lower courts based investigation primarily upon generally accepted definition daniel ball accord rulings basic concept navigability application test however apt uncover variations refinements require elaboration lower courts government urges phrase used ordinary condition daniel ball definition construed eliminating possibility determining navigability light effect reasonable improvements district thought argument inapplicable circuit appeals said stretch river navigable fact unimproved condition considered navigable merely might made navigable improvements fact made course improvements made question fact might different appraise evidence navigability natural condition waterway erroneous availability navigation must also considered ordinary refers volume water gradients regularity flow waterway otherwise suitable navigation barred classification merely artificial aids must make highway suitable use commercial navigation may undertaken congress recognized section water power act defining waters either natural improved condition used suitable use district quite right saying obvious limits improvements affecting navigability limits necessarily matter degree must balance cost need time improvement useful found navigable waterway remains indefinite rule navigability fact adopted based upon interstate commerce common usefulness purposes trade commerce interpreted barring improvements necessary improvements actually completed even authorized power congress commerce hampered necessity reasonable improvements make interstate waterway available traffic course difficulties applying views improvements may entirely reasonable thickly populated highly developed industrial region may entirely costly region days pioneers changes engineering practices coming new industries varying classes freight may affect type improvement although navigability fix ownership river riparian determined cases cited notes show formation union original admission statehood formed later navigability purpose regulation commerce may later arise analogy found admiralty jurisdiction may extended places formerly nonnavigable never doubt navigability referred cases navigability despite obstruction falls rapids sand bars carries shifting currents plenary federal power commerce must able develop needs commerce reason existence properly said federal power navigation enlarged improvements waterways merely improvements make applicable certain waterways existing power commerce determining navigable character new river proper consider feasibility interstate use reasonable improvements might made necessary navigability use continuous character region products difficulties dangers navigation influence regularity extent use small traffic compared available commerce region sufficient even absence use long periods years changed conditions coming railroad improved highways affect navigability rivers constitutional sense well recognized navigability may substantial part waterway question course evidences nonnavigability whole part appraised totality determine effect legal tests mind proceed examine facts see whether reach river allisonia hinton across virginia state line use public purposes transportation commerce physical characteristics new river may said assume character mouth wilson creek near north virginia line point flows first northeast northwest direction something miles kanawha falls west virginia passes allisonia radford virginia hinton west virginia joined many tributaries largest gauley kanawha falls changes name kanawha navigable river commercial importance joins ohio miles whole territory traversed new broken mountainous hinton kanawha falls river swift gorge precipitous hinton river flows slowly broader valley less rugged mountains may said area radford throughout river abundance water respondent hardly denies flowage suffices conditions make new available navigation conserve discussion appraise navigability mile stretch allisonia hinton three sections together form whole reach points miles allisonia radford improved mile stretch radford wiley falls virginia never improved except wiley falls miles wiley falls across state line hinton west virginia like upper section government improved shall examine chiefly disputed middle section others evidence navigability much stronger obstructions much weaker instance report chief engineers refers certain keelboats operating river report shows keelboats operated hinton keelboats bateaux feet long draft two feet carrying capacity varying tons used commercially transport lumber tobacco products region evidence clear bateaux plied hinton near glen lyn fair regularity first decade century well second timber lumber large quantities apparently boated rafted hinton various points glen lyn beginning world war around radford chief engineers reported two keelboats operating eight eight together small steamboat corroborating testimony many witnesses shows boats carried iron ore pig iron well produce merchandise allisonia new river bridge little radford hinton new river bridge railroad stations freight brought keelboats river craft freight arriving rail forwarded river come consideration crucial stretch radford wiley falls junction made interstate reach wiley falls hinton report secretary war appears hutton useful survey river allisonia mouth greenbrier nearly hinton made basis plans improve new federal appropriation survey designates falls stretch inclusive eighteen miles grades falling gradually abruptly four feet mile several rapids falls show drops eight nine one instance feet higher footage represents course miles small falls found precipitous sections many miles called water gradual fall feet less even miles declivity rapid fall apparently largely sections containing obstructions instance mile reads bowlders gravel feet long fall feet mile falls rapids whole fall feet nearly vertical sluice feet long along left bank pass feet rock excavation feet bowlders gravel quite frequently fall moderate obstructions appear mile feet long bowlders gravel fall feet large isolated rocks scattered abundantly throughout stretch geologist testifying respondent tells strikingly faulting folding surface stretch resulted tilting rock strata steep degree flow water new river moves along slopes successive rock strata ledges results river numerous ledges rock strata partly submerged exposed substantially vertical standing end extend across stream right angles line flow slope strata downward upstream direction rather downstream direction contrary usual condition data point material variations descriptions use river radford wiley falls navigation falls stretch large undoubtedly difficulties restricted coming norfolk western chesapeake ohio railroads use practically ceased except small public ferries going one bank well authenticated instances boating along stretch however exist survey made moore briggs general assembly virginia sent report availability new improvement beginning mouth greenbrier boated mouth sinking creek miles noting characteristics river went reported ascended falls boat two three instances considerable difficulty taking baggage stores sinking creek half way stretch river considering virginia general assembly appropriated improve new river accommodate transportation military stores bateaux central depot radford mouth greenbrier direct proof particular appropriation spent reports war department engineers make clear confederate government effected improvements river facts buttress testimony several witnesses one confederate veteran civil war keelbottom boats brought supplies radford commissary narrows miles glen lyn continued downstream testimony circuit appeals accepted true end civil war coming railroads evidence elderly residents familiar events along banks river radford wiley falls leaves doubt least sporadic transportation took place throughout stretch meant keelboats radford hinton operated frequently improved sections made regular trips allisonia past radford hinton navigation however occur shown testimony number witnesses recognized lower courts also numerous references isolated bits boating along parts falls reach government stopped improvement ordered boats using lead mines division allisonia various places downstream brought full stretch river hinton sale supervision assistant engineer derrick boat four bateaux numerous flat boats skiffs twenty vessels taken hinton number points radford accomplished chief engineers report shows despite difficulties occasioned low water scarcity labor addition testimony use days railways good roads demonstration possibility navigation government survey boat outboard motor feet long five feet wide drawing feet loaded crew five survey equipment boat made round trip narrows wiley falls allisonia distance miles one way july river stage normal summer low water crew boat used poles number times carries portages going upstream necessary pull push boat mile quarter hundred feet return trip use stream long abandoned water commerce difficult prove abundant evidence fourteen authenticated instances use century half explorers trappers coupled general historical references river water route early fur traders supplies pirogues durham craft similar keelboats new sufficed upon phase case desplaines lack commercial traffic bar conclusion navigability personal private use boats demonstrates availability stream simpler types commercial navigation evidence actual use falls section commerce private convenience taken connection physical condition make quite plain reasonable improvement reach navigable type boats employed less obstructed sections indeed evidence detailed strikingly similar relied upon establish navigability colorado cataract canyon boundary line seventeen trips period sixty years original exploration together sporadic trips parts stretch considerable connection gold placer parts sufficed sustain navigability effect improvability respondent denied practicability artificial means bring navigability new river effectiveness improvement make river navigable water government supported allegation improvability pointing use section navigation local boating favorable stretches falls reach showed feasibility use little needed way improvements make section thoroughfare typical light commercial traffic area keelboats eight feet wide drawing two feet usual equipment report chief engineers major craighill charge new river reports get sluice navigation feet times miles mouth greenbrier river near hinton cost miles greenbrier lead mines allisonia cost depth shoals increased feet without much increase velocity current recommendation based hutton survey includes falls section improvements undertaken beginning region becoming better developed higher type improvement became desirable wider sluice ways deeper channel usable small steamboats work went forward hinton radford meet pressing demands communities annual reports chief engineers assumed reaffirmed navigability entire river hinton practicality improvements spent year estimated required complete project full length wilson creek hinton useful navigation moved regularly hinton near glenlyn radford allisonia half reach hinton allisonia improved falls section never improved reported conditions changed project completed provisions improvements repealed region need use river diminished army engineers advised undertaking improvements even referred cost use wiley falls stretch evidence ready improvability low cost easier keelboat use conclude section new river navigable follows together undisputed commercial use two stretches radford hinton new river allisonia virginia hinton west virginia navigable water license provisions determination new river navigable eliminates case issues may arise river involved nonnavigable even accepting navigability new river respondent urges certain provisions license seek control affairs licensee unconnected navigation beyond power commission indeed beyond constitutional power congress authorize issue arises prayer bill respondent compelled accept license required law remove dam obstruction answer respondent license required law tendered commission contains provisions unrelated navigation protection navigable capacity beyond consititutional authority congress require account fifth tenth amendments contention provisions license authorized statute note chief statutory conditions license epitomized license offered respondent may embodied statutory requirements assume conformity existing administration power act shall pass upon validity provisions license called attention respondent unrelated purposes navigation conditions derived sections consider validity clauses raised respondent general challenge constitutionality provision relating solely protection navigable waters also noted complaint made conditions license dependent upon authorization omnibus clause requiring compliance conditions commission may require petitioner suggests consideration validity section acquisition clause license conditions based upon language properly deferred undertakes claim right purchase project license terms fifty years issuance assuming mere acceptance license later bar objection unconstitutional conditions even accompanied specific agreement abide statute conclude requirements section vitally effect establishment financing respondent project require determination validity finally adjudging issue injunction respondent objections statutory license provisions applied navigable streams based contentions control waters limited control purposes navigation certain license provisions take property without due process claimed right acquire project regulate financing records affairs invasion rights contrary tenth amendment join amici support respondent arguments conceding course congress may prohibit erection navigable waters structure deemed impair navigation attorneys general speaking insist power prohibition comprehend power exact conditions related navigation permission erect structures permit argument continues imposition licenses involving conditions acquisition clause enabling federal government take natural resource allows logically similar acquisition mines oil farmlands consideration privilege interstate business thus lose control resources property withdrawn taxation violation tenth amendment point made clash sovereignty arises license provisions power act state licensing provisions commonwealth virginia advances forcibly contention affirmative regulation waterpower projects navigable streams within boundaries rests state beyond needed navigation supremacy federal government proper sphere delineated constitution cheerfully conceded yet earnestly virginia insist upon supremacy government proper field established instrument virginia water power act offers license right use natural resources state stream flow beds water courses period license extensions subject state condemnation time virginia terms ascertainment value operation likewise regulated state law commonwealth objects development water power resources subjected federal power act requirements detailed stating respondent objection even point virginia may build operate dam navigable water without authorization regulation federal government briefs arguments bar marshaled reasons precedents cover wide range possible disagreement nation state functioning federal power act predetermine even limited field water power rights different sovereignties pregnant future controversies beyond judicial function courts deal concrete legal issues presented actual cases abstractions possibility uses coercive power license upheld us deem pictured extremes irrelevant save possibilities consideration determining present question validity challenged license provisions limit portion decision respondent riparian owner valid state license use natural resources state enterprise consequently complete right use riparian lands water river bed obtained state law state respondent alike however hold waters lands subject power congress control waters purpose commerce power flows grant regulate rule commerce governed cludes protection navigable waters capacity well use power congress regulate commerce unfettered judgment whether structure hindrance conclusive determination legislative character federal government domination water power inherent flowing stream liable one use flow navigable stream sense private property running water great navigable stream capable private ownership inconceivable exclusion riparian owners benefits without compensation entirely within government discretion possessing plenary power exclude structures navigable waters dominion flowage product energy may make erection maintenance structure navigable water dependent upon license power exercised section rivers nad harbors act prohibiting construction without congressional consent section present power act quite true criticized provisions summarized essential even concerned navigation respondent asserts rights use waters limited navigation pointed federal sovereignty waters described port seattle oregon washington railroad kansas river rouge wisconsin illinois first two cases centered around issue title land navigable water nothing involved use water navigability kansas colorado point government advocacy doctrine sovereign inherent power justify taking charge waters arkansas control reclamation arid lands pages pages found constitutional authority irrigation commerce clause clause relating properly said however case authority limiting federal power navigable waters especially since stretch arkansas river involved dispute asserted government nonnavigable page page river rouge controversy spoke limitation control thereof purposes navigation question riparian owner use property access channel use fixed state law conclusion interfere except navigation right access navigable water required appraisal rights wisconsin illinois part chicago drainage canal litigation far pertinent merely decided certain federal authority diversion waters lake michigan sanitary purposes page page consideration constitutional power use water navigable purposes though plain advantages occur pages pages view properly said constitutional power waters limited control navigation navigation respondent means operation boats improvement waterway truth authority regulation commerce waters navigability sense stated part whole flood protection watershed development recovery cost improvements utilization power likewise parts commerce control respondent soundly argues calling project multiple purpose dam give additional powers equally truly respondent seeking use navigable waterway power generation alone avoid authority government stream authority broad needs commerce water power development dams navigable streams public standpoint general use rivers commerce general power respondent must submit single purpose electrical production fact commission willing give license power dam significance appraising type conditions allowable may well portion river needed navigation time dam proposed may function satisfactorily others contemplated intended may fit part river development point navigable waters subject national planning control broad regulation commerce granted federal government license conditions objection made obvious relationship exercise commerce power even relationship plenary power congress navigable waters empower deny privilege constructing obstruction waters may likewise grant privilege terms objection terms exertion power exercise attended incidents attend exercise police power congressional authority commerce clause complete unless limited fifth amendment respondent urges riparian owner state approval plans entitled freedom development property particularly compelled submit acquisition clause price fixed less fair value eminent domain sense time taking taking contended violate fifth amendment question whether government taking property may less fair value shown note supra private property flow stream assessable value riparian owner government build dam pay fair value judicially fast land nothing water power assume without deciding compulsion method acquisition provided section power act tendered license riparian rights may pass less value view price respondents must pay secure right maintain dam quoted words conclusion opinion fox river company railroad commission case decisive issue confiscation relates acquisition clause wisconsin license dam navigable water state might taken price assumed amount violation due process clause fourteenth amendment license provision title bank bed objector virtue state license riparian ownership rights belong respondent rights subject governmental navigable waters fact fox river case involved state case involves immaterial due process standpoint since might erect structure waters even one equipped electrical may constitutionally acquire one already built acquisition option acquire invasion sovereignty state formation union delegated federal government authority regulate commerce among long things done within valid power interference sovereignty state power tenth amendment remains state people water power statutes virginia recognize difficulties dual system government providing enactments exercise rights reversed remanded district instructions enter order enjoining construction maintenance operation radford project otherwise license accepted respondent within reasonable time substantially form tendered respondent federal power commission may alternative prayed bill reversed remanded chief justice took part consideration decision case justice roberts dissenting judgment reversal rests conclusion new river navigable conclusion resting findings fact made de novo contradiction concurrent findings two courts opinion judgment circuit appeals affirmed first respect give effect concurrent findings substantial support evidence secondly evidence support contrary findings navigability new river tested criteria long established river navigable law navigable fact indeed issue navigability vel non peculiarly one fact determination one stream little relevancy determining status another said determination navigability must stand facts evidence supports think requires finding applying accepted criteria new river never fact navigable record rule decision many times announced concurrent findings fact two lower courts supported substantial evidence accepted requires affirmance judgment rule applies evidentiary facts conclusions fact based thereon moreover basis decision suit involving question navigability invoking rule oil gas declined review judgment based concurrent finding two lower courts stream never navigable within adjudged meaning term cases cited proposition navigability issue reconsidered facts found courts determine whether correctly applied proper legal tests questions involved understood lend support action case petitioner effect asks convict courts error determining credibility weight relevance evidence determination peculiarly within province often said doctrine applies case especial force respondent says without contradiction government brief circuit stated said new river presents case navigability yet asked ignore concurrent findings subject evidence may fairly support findings courts convicted error applying erroneous rule law facts found examination opinions shows courts faithfully followed decisions applying law facts adopted applied criteria announced appraising effect facts found shown cases cited stream navigable fact must capacity general common usefulness purposes trade commerce exceptional use capability use high water abnormal conditions fice moreover stream must used available use commerce substantial permanent character stream never impressed character navigability past use commerce commerce actually esse least posse essential navigability theoretical potential navigability one temporary precarious unprofitable sufficient important criterion ascertain navigability stream navigability fact must exist ordinary conditions application tests evidence case led one conclusion new river navigable water findings way government strenuously contending set aside successfully oil gas supra petitioner contends application accepted tests facts disclosed amounts ruling law asserts error application reviewable read opinion argument found persuasive apparently endorsing abstract instead relying adopts two additional tests teeth uniform current authority anything settled decisions order water found navigable navigability fact must exist ordinary conditions means conditions including multiplicity obstacles falls rapids make navigation practical impossibility however announces ordinary conditions refers volume water gradients regularity flow authority cited believe none found thus limiting connotation phrase holds contrary heretofore said subject natural ordinary condition stream however impassable may without improvement means improvement stream may rendered navigable navigable without improvement must balance cost need time improvement useful authority cited think none cited countenances test course true stream natural ordinary condition navigable cease improvements bettered conditions navigation converse true stream natural ordinary condition nonnavigable project build canal along entire course dams locks every miles enormous expense render navigable water determine reasonable unreasonable improvement circumstances proper balance cost need questions must answered congress certainly answer test adopted every creek every state union enough water conserved dams locks channelled wing dams sluices float boat drawing two feet water may pronounced navigable expenditure enormous sum project possible execution words congress create navigability determining improve navigable stream criterion correct one seen stream found navigable seen federal courts pains many years apply tests mentioned simple solution problem case speculate whether cost render difficult forbidding mountain torrent suitable least pretentious form water traffic light opinion test applied new river must course admitted blasting channels reefs shoals digging canals around falls rapids possibly dams locks new river rendered fit sort commercial use expense one knows obviously enormous congress past undertaken render river navigable decades ago gave attempt still told cost thing done stream navigable light grounds upon decision based hardly seems necessary comment evidence main addressed issues longer case two courts analyzed examined detail reference carefully considered opinions suffices think conclusion reached courts must stand unless two novel doctrines announced thrown scale overcome justice mcreynolds concurs opinion footnotes stat stat act amended stat supp title et et became known federal power act section originally consisted three cabinet officers ex officio secretaries war interior agriculture stat reorganized independent commission five members new commission began function december appalachian electric power smith certiorari denied courts government unsuccessfully urged findings commission supported substantial evidence conclusive although still regards contention correct government seek pass case utah oil alabama power co ickes pick mfg general motors texas ry clerks rio grande irrigation leovy economy light holt bank gibbons ogden wheat leovy gilman philadelphia wall coombs pet willson black bird creek marsh pet rio grande irrigation river rouge anthony falls water power water commissioners rio grande irrigation arizona california montello wall utah wall rivers must regarded public navigable rivers law navigable fact navigable fact used susceptible used ordinary condition highways commerce trade travel may conducted customary modes trade travel water constitute navigable waters within meaning acts congress contradistinction navigable waters form ordinary condition uniting waters continued highway commerce may carried foreign countries customary modes commerce conducted water appalachian electric power rio grande irrigation oil holt bank utah oregon pages page oregon thus rio grande case record contained reports army engineers improvements necessary make river navigable financially physically impracticable many millions dollars required territory new mexico observed navigability river depend upon susceptibility improved high engineering skill expenditures vast sums money upon natural present conditions agreed much improvement necessary new mexico stretch river considered navigable rio grande irrigation economy light see page shively bowlby utah oklahoma texas oregon cf rio grande irrigation art iii section cl cf genesee chief fitzhugh robert parsons ex parte boyer marine transit dreyfus montello wall economy light utah see also justice mclean spooner mcconnell page illustrative natural growth cress involving riparian proprietors rights improvements raise river level uplands newly permanently subjected servitude public use navigation compensation decreed taking declaration waterways question artificially improved remained navigable waters pages page cf arizona california cf barnes utah arizona california utah ashwander tennessee valley authority economy light arizona california cf montello wall see page shown testimony weiss peters starbuck lane smith farley kenley lucas lilly burks burks johnson wauhop stover calloway martin tomkies lilly testimony howard graham breeding owen farmer allison howard peterson moore likens roop ingles assistant engineer reported inquiries thought made former years improved sections still keeps open bateaux constant use iron shipped new river bridge time suspension furnaces prevailing hard times report chief engineers act june stat different times ferries crossed river less ten points along falls stretch five public ferries report moore briggs fourth fifth annual reports board public works general assembly virginia report principal engineer board public works marshall chief justice head virginia commission surveyed part new river boat going downstream mouth greenbrier report commissioners printed virginia acts little done way improving river since time moore briggs though effort said made direction confederate government late war report chief engineers developed universal fate work late confederate river though seems injudiciously located poorly built adverse anything like rigid structures report chief engineers testimony snyder snidow skeen page see page page testimony bateaux going radford hinton given flannagan linkous collins webb snyder boat feet gasoline motor went radford hinton though river materially raised rain testimony coleman howard webb snyder price martin anderson report chief engineers see also testimony owen crowell dickinson economy light affirmed utah see report master et seq report pp pp pp pp pp pp pp report chief engineers act june stat house doc cf appalachian electric power et seq act allows commission regulate licensee accounts limits licenses years requires commission approval voluntary transfers licenses rights granted thereunder amended requires project best adapted comprehensive plan improving developing waterway use benefit interstate foreign commerce improvement utilization development beneficial public uses including recreational purposes licensee must maintain project adequately navigation efficient power operation must maintain depreciation reserves adequate renewals replacements must conform commission regulations protection life health property surplus earned first years specified reasonable rate return licensee must maintain amortization reserves applied reduction net investment licensee must pay reasonable annual charges administering act first years expropriate excessive profits state prevents profits licensee may ordered reimburse whose construction work benefited projects navigable waters commission may require licensee construct locks furnish free cost lands improve navigation facilities power oeprating facilities gives right upon expiration license take operate project paying licensee investment defined exceed fair value property taken however right state municipality condemn project time expressly reserved allows state regulation service rates none exists commission may exercise jurisdiction denver stock yard pacific box basket white cf electric bond share securities exchange cargill minnesota new jersey sargent section michie code michie code cherokee nation georgia pet west virginia new jersey sargent cf mcguinn high point ashwander tennessee valley authority new jersey sargent river rouge cress willink gibson gibbons ogden wheat gilman philadelphia wall union bridge cf pennsylvania wheeling bridge cf ashwander tennessee valley authority greenleaf lumber garrison rio grande irrigation art cl art iv cl cf hanson cincinnati soap cf sanitary district cf ashwander tennessee valley authority carolene products cf mulford smith monongahela navigation ashwander tennessee valley authority arizona california federal power act michie virginia code oklahoma texas arizona california crowell benson utah cases cited rio grande irrigation said respect findings therefore disposed question conclusion reached courts leovy judgment jury verdict reversed error judge instructions criteria navigability economy light facts affirmed judgment circuit appeals correctly applied test laid daniel ball wall holt state bank courts treated question navigability one local law determined applying rule adopted minnesota though holding applied wrong standard question one federal law affirmed findings instead remanding case since record disclosed according right standard water navigable cf daniel ball wall montello wall oregon montello wall rio grande leovy donnelly cress oklahoma texas holt state bank oregon harrison fite gulf ry davis davis gulf doughton economy light