ppl
montana
llc
montana
argued
december
decided
february
petitioner
ppl
montana
llc
ppl
owns
operates
hydroelectric
facilities
montana
ten
facilities
located
riverbeds
underlying
segments
missouri
madison
clark
fork
rivers
five
hydroelectric
dams
upper
missouri
river
along
great
falls
reach
including
three
tallest
waterfalls
ppl
two
dams
river
canyons
stubbs
ferry
stretch
together
two
dams
located
steep
canyons
madison
river
called
project
thompson
falls
project
facility
clark
fork
river
projects
licensed
federal
energy
regulatory
commission
ppl
facilities
existed
many
decades
century
recently
montana
though
aware
projects
existence
sought
rent
use
riverbeds
instead
understanding
ppl
ppl
paid
rents
parents
montana
schoolchildren
filed
federal
suit
claiming
ppl
facilities
riverbeds
state
owned
part
montana
school
trust
lands
state
joined
suit
first
time
sought
rents
ppl
use
riverbeds
case
dismissed
ppl
power
companies
filed
suit
claiming
montana
barred
seeking
compensation
ppl
riverbed
use
montana
counterclaimed
contending
doctrine
owns
riverbeds
charge
rent
use
trial
granted
montana
summary
judgment
navigability
purposes
determining
riverbed
title
ordered
ppl
pay
montana
million
rent
riverbed
use
montana
affirmed
adopting
liberal
construction
navigability
test
discounted
approach
considering
navigability
particular
river
segments
purposes
determining
whether
state
acquired
title
riverbeds
underlying
segments
time
statehood
instead
montana
declared
river
stretches
question
short
interruptions
navigability
insufficient
matter
law
find
nonnavigability
since
traffic
circumvented
stretches
portage
based
evidence
recreational
use
madison
river
found
river
navigable
matter
law
time
statehood
held
montana
ruling
montana
owns
may
charge
use
riverbeds
issue
based
infirm
legal
understanding
rules
navigability
title
doctrine
pp
rule
capacity
sovereigns
hold
title
soil
rivers
really
navigable
shively
bowlby
federal
constitutional
significance
doctrine
pursuant
doctrine
upon
date
statehood
state
gains
title
within
borders
beds
waters
navigable
may
allocate
govern
lands
according
state
law
subject
power
control
waters
purposes
navigation
interstate
foreign
commerce
oregon
retains
title
vested
statehood
land
beneath
waters
navigable
navigable
purposes
title
doctrine
rivers
must
navigable
fact
meaning
used
susceptible
used
highways
commerce
trade
travel
may
conducted
customary
modes
trade
travel
water
daniel
ball
wall
formulation
used
determine
questions
waterbed
title
doctrine
see
utah
pp
montana
erred
treatment
question
river
segments
portage
determine
riverbed
title
doctrine
considers
river
basis
assess
whether
segment
river
riverbed
dispute
lies
navigable
see
utah
supra
state
erred
discounting
approach
key
justification
sovereign
ownership
navigable
riverbeds
contrary
rule
allow
private
riverbed
owners
erect
improvements
riverbeds
interfere
public
right
use
waters
highway
commerce
commerce
occurred
segments
nonnavigable
time
statehood
reason
deem
segments
owned
state
doctrine
practical
considerations
also
support
segmentation
physical
conditions
affecting
navigability
vary
length
river
provide
means
determine
appropriate
start
points
end
points
disputed
segments
segment
approach
also
consistent
manner
private
parties
seek
establish
riverbed
title
montana
suggest
segmentation
inadministrable
state
courts
managed
apportion
underlying
riverbeds
purposes
determining
value
ppl
corresponding
rents
state
view
approach
apply
short
interruptions
navigability
supported
utah
decision
even
law
might
find
nonnavigable
segments
minimal
merit
treatment
part
longer
navigable
reach
doubtful
segments
case
meet
standard
applying
short
interruptions
approach
state
found
great
falls
reach
navigable
managed
way
land
route
portage
done
lewis
clark
portage
even
one
day
demonstrate
need
bypass
nonnavigable
river
segment
thus
state
wrong
conclude
respect
great
falls
reach
disputed
stretches
portages
insufficient
defeat
navigability
finding
cases
require
transportation
land
rather
water
case
least
great
falls
reach
reaching
contrary
conclusion
state
misapplied
montello
wall
portage
considered
determining
whether
river
part
channel
interstate
commerce
federal
regulatory
purposes
montello
control
outcome
quite
different
concerns
riverbed
title
context
apply
portages
may
defeat
navigability
title
purposes
respect
great
falls
reach
montana
dispute
overland
portage
necessary
traverse
reach
trial
noted
waterfalls
never
navigated
great
falls
reach
least
head
first
waterfall
foot
last
navigable
purposes
riverbed
title
doctrine
also
significant
likelihood
river
stretches
dispute
fail
federal
navigability
test
ultimate
decision
disputed
river
stretches
determined
first
instance
montana
courts
remand
assess
relevant
evidence
light
principles
discussed
pp
montana
erred
matter
law
relying
evidence
primarily
recreational
use
madison
river
navigability
must
assessed
time
statehood
concerns
river
usefulness
travel
utah
river
segments
navigable
used
susceptible
highways
commerce
time
statehood
evidence
recreational
use
poststatehood
evidence
may
bear
susceptibility
commercial
use
time
statehood
see
order
use
bearing
navigability
statehood
watercraft
must
meaningfully
similar
customary
use
trade
travel
time
statehood
river
poststatehood
condition
may
materially
different
physical
condition
statehood
state
offered
indication
made
necessary
findings
pp
analysis
sufficient
require
reversal
declines
decide
whether
state
also
erred
burden
proof
regarding
navigability
montana
suggestion
denying
state
title
disputed
riverbeds
undermine
public
trust
doctrine
concerns
public
access
waters
beds
navigation
fishing
recreational
uses
underscores
misapprehension
public
trust
doctrines
unlike
doctrine
constitutional
foundation
navigability
rule
riverbed
title
scope
public
trust
waters
within
state
borders
matter
state
law
subject
federal
regulatory
power
pp
reach
question
whether
virtue
montana
sovereignty
neither
laches
estoppel
apply
bar
state
claim
still
reliance
ppl
predecessors
title
state
long
failure
assert
title
riverbeds
evidence
supporting
conclusion
river
segments
beds
nonnavigable
purposes
doctrine
pp
mt
mont
reversed
remanded
kennedy
delivered
opinion
unanimous
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
ppl
montana
llc
petitioner
montana
writ
certiorari
montana
february
justice
kennedy
delivered
opinion
case
concerns
three
rivers
flow
montana
beyond
borders
question
whether
discrete
identifiable
segments
rivers
montana
nonnavigable
federal
law
defines
concept
purposes
determining
whether
state
acquired
title
riverbeds
underlying
segments
state
entered
union
montana
contends
rivers
must
found
navigable
disputed
locations
premise
state
asserts
gained
title
disputed
riverbeds
constitutional
doctrine
based
title
claims
montana
sought
compensation
ppl
montana
llc
power
company
use
riverbeds
hydroelectric
projects
montana
courts
granted
summary
judgment
title
montana
awarding
million
rent
riverbeds
period
alone
judgment
must
reversed
three
rivers
question
missouri
river
madison
river
clark
fork
river
missouri
madison
eastern
side
continental
divide
madison
flows
missouri
continues
length
junction
mississippi
river
clark
fork
river
western
side
continental
divide
waters
join
columbia
river
system
flows
pacific
ocean
river
shall
described
somewhat
detail
missouri
river
originates
montana
traverses
seven
point
north
louis
joins
mississippi
encyclopedia
americana
ed
considered
continuous
path
formed
certain
streams
provide
missouri
river
headwaters
missouri
miles
long
longest
river
ibid
missouri
river
basin
land
area
drained
river
second
largest
nation
surpassed
mississippi
river
basin
part
rivers
north
america
benke
cushing
eds
hereinafter
rivers
north
america
historical
matter
river
shifted
flooded
often
contained
many
sandbars
islands
unstable
banks
river
described
one
variable
beings
creation
inconstant
action
jury
sioux
city
register
mar
high
quantity
downstream
sediment
flow
spawned
nickname
big
muddy
rivers
north
america
upstream
part
missouri
river
montana
known
upper
missouri
river
better
characterized
rocky
rather
muddy
one
usually
thinks
missouri
river
flowing
generally
south
indeed
beginning
north
dakota
upper
missouri
montana
flows
north
principal
headwaters
three
forks
located
feet
sea
level
rocky
mountain
area
southwestern
montana
descends
scenic
mountain
terrain
including
deep
gorge
gates
mountains
turns
eastward
great
falls
reach
cascading
roughly
stretch
cataracts
rapids
river
drops
feet
courses
swiftly
fort
benton
fur
trading
post
progressing
farther
east
north
dakota
great
plains
encyclopedia
americana
supra
new
encyclopaedia
britannica
ed
hereinafter
encyclopaedia
britannica
columbia
gazetteer
world
ed
hereinafter
columbia
gazetteer
warner
montana
northwest
territory
montana
became
state
upper
missouri
river
fort
benton
seriously
obstructed
numerous
rapids
rocks
portion
flowing
eastward
rom
fort
benton
carroll
called
rocky
river
annual
report
chief
engineers
army
exec
doc
pt
pp
hereinafter
exec
great
falls
exemplify
rocky
rapid
character
upper
missouri
consist
five
waterfalls
located
stretch
upper
missouri
leading
downstream
city
great
falls
midwestern
montana
waterfall
farthest
downstream
one
first
encountered
meriwether
lewis
william
clark
led
remarkable
expedition
american
west
eponymous
great
falls
tallest
five
falls
feet
clark
dear
brother
letters
william
clark
jonathan
clark
holmberg
ed
hereinafter
dear
brother
lewis
recorded
observations
sublimely
grand
specticle
whole
body
water
passes
incredible
swiftness
precipice
least
eighty
feet
irregular
somewhat
projecting
rocks
receives
water
brakes
perfect
white
foam
assumes
thousand
forms
moment
sometimes
flying
jets
scarcely
formed
large
roling
bodies
beaten
foaming
water
thrown
conceals
rainbow
reflection
sun
sprey
mist
adds
little
beauty
majestically
grand
senery
lewis
clark
journals
american
epic
discovery
moulton
ed
hereinafter
lewis
clark
journals
journals
lewis
clark
devoto
ed
one
proceeds
alongside
river
upstream
great
falls
lewis
scouting
river
expedition
four
falls
order
crooked
falls
feet
high
rainbow
falls
feet
lewis
called
one
bea
tifull
objects
nature
colter
falls
feet
black
eagle
falls
feet
see
lewis
clark
journals
dear
brother
cutright
lewis
clark
pioneering
naturalists
despite
falls
beauty
lewis
see
steep
cliffs
swift
waters
impede
progress
river
expedition
upstream
course
many
months
party
proceeded
circuitous
land
route
means
portage
circumventing
great
falls
surrounding
reach
river
returning
travel
upon
river
month
later
see
lewis
clark
journals
upper
missouri
river
around
upstream
great
falls
shares
precipitous
character
falls
moves
downstream
great
falls
reach
stretch
begins
somewhat
head
black
eagle
falls
river
quickly
descends
feet
elevation
see
montana
power
federal
power
cadc
mt
mont
dropping
feet
within
miles
first
rapid
foot
great
falls
parker
black
eagle
falls
dam
transactions
soc
civil
engineers
stretch
constant
succession
rapids
falls
warner
supra
see
also
journals
lewis
clark
expedition
moulton
ed
hereinafter
journals
lewis
clark
expedition
continued
rapid
whole
way
miles
lewis
noted
water
swift
area
buffalo
swept
cataracts
considerable
quantities
instantly
crushed
lewis
clark
journals
well
great
falls
reach
stubbs
ferry
stretch
river
helena
cascade
also
steep
gradient
much
obstructed
rocks
dangerous
rapids
report
secretary
war
doc
pt
second
river
considered
madison
one
missouri
river
headwater
tributaries
named
lewis
clark
state
james
madison
madison
river
courses
west
northern
rocky
mountains
wyoming
montana
yellowstone
national
park
runs
north
merges
jefferson
gallatin
rivers
three
forks
montana
form
upper
missouri
lewis
clark
journals
rivers
north
america
encyclopaedia
britannica
columbia
gazetteer
along
path
madison
river
flows
two
lakes
artificially
created
dams
built
canyons
hebgen
lake
ennis
lake
federal
writers
project
work
projects
administration
montana
state
guide
book
stahlberg
ed
aarstad
arguimbau
baumler
porsild
shovers
montana
place
names
alzada
zortman
montana
historical
society
guide
third
river
issue
case
clark
fork
river
consists
large
part
long
narrow
streams
confined
mountainous
terrain
rises
elevation
feet
silver
bow
mountains
southwestern
montana
encyclopaedia
britannica
dept
interior
geological
survey
stevens
henshaw
surface
water
supply
paper
pp
river
flows
northward
miles
turns
northwest
stretch
turns
abruptly
northeast
short
stint
time
descended
nearly
feet
altitude
resumes
northwestward
course
empties
lake
pend
oreille
northern
idaho
flows
tributary
columbia
river
pacific
northwest
ibid
columbia
gazetteer
clark
fork
one
wildest
picturesque
streams
west
marked
many
waterfalls
boxed
gorges
federal
writers
projects
works
progress
administration
idaho
guide
word
picture
ed
lewis
clark
knew
clark
fork
river
try
navigate
part
absence
salmon
one
tributaries
made
lewis
believe
must
considerable
fall
river
fritz
lewis
clark
expedition
correct
shortly
clark
fork
exits
idaho
northwest
corner
montana
waters
river
dash
madly
along
rocky
bed
dropping
feet
rush
falls
rapids
including
foaming
waterfall
known
thompson
falls
rand
vacation
excursion
massachusetts
bay
puget
sound
kirk
history
montana
power
company
ii
petitioner
ppl
montana
llc
ppl
owns
operates
hydroelectric
facilities
serve
montana
residents
businesses
ten
facilities
built
upon
riverbeds
underlying
segments
upper
missouri
madison
clark
fork
rivers
beds
title
disputed
upper
missouri
river
ppl
seven
hydroelectric
dams
five
along
great
falls
reach
including
three
tallest
falls
two
canyons
upstream
stubbs
ferry
stretch
see
robison
cascade
county
great
falls
aarstad
et
supra
madison
river
two
hydroelectric
dams
located
steep
canyons
clark
fork
river
hydroelectric
facility
constructed
thompson
falls
dams
upper
missouri
madison
called
project
thompson
falls
facility
called
thompson
falls
project
projects
licensed
federal
energy
regulatory
commission
ppl
acquired
predecessor
montana
power
company
ppl
power
facilities
existed
locations
many
decades
century
see
robison
supra
black
eagle
falls
dam
constructed
recently
facilities
operated
without
objection
state
montana
state
well
aware
facilities
existence
riverbeds
indeed
various
montana
state
agencies
participated
federal
licensing
proceedings
hydroelectric
projects
see
montana
power
thompson
falls
project
montana
power
ferc
pp
ryan
dam
project
yet
state
seek
accordingly
ppl
predecessor
pay
compensation
use
riverbeds
instead
understanding
ppl
ppl
paying
rents
use
riverbeds
well
use
river
uplands
flooded
ppl
projects
reply
brief
petitioner
app
supp
brief
petitioner
brief
amicus
curiae
parents
montana
schoolchildren
sued
ppl
district
district
montana
arguing
ppl
built
facilities
riverbeds
state
owned
part
montana
school
trust
lands
prompted
litigation
state
joined
lawsuit
first
time
seeking
rents
ppl
riverbed
use
case
dismissed
september
lack
diversity
jurisdiction
dolan
ppl
montana
llc
ppl
two
power
companies
sued
state
montana
first
judicial
district
montana
arguing
state
barred
seeking
compensation
use
riverbeds
counterclaim
state
sought
declaration
doctrine
owns
riverbeds
used
ppl
charge
rent
use
montana
trial
granted
summary
judgment
montana
navigability
purposes
determining
riverbed
title
app
pet
cert
decided
state
owned
riverbeds
ordered
ppl
pay
rent
use
riverbeds
whether
lease
future
periods
commence
rental
rate
seems
left
discretion
montana
board
land
commissioners
app
pet
cert
decision
divided
montana
affirmed
dissenting
opinion
reasoned
background
principle
navigability
title
purposes
liberally
construed
dismissed
limited
applicability
approach
assessing
navigability
disputed
segment
river
rather
river
whole
montana
accepted
certain
relevant
stretches
rivers
navigable
declared
merely
short
interruptions
insufficient
matter
law
find
nonnavigability
since
traffic
circumvented
stretches
overland
portage
placing
extensive
reliance
upon
evidence
use
madison
river
found
river
navigable
matter
law
time
statehood
justice
rice
dissented
stated
courts
assume
entire
river
navigable
merely
certain
reaches
river
navigable
majority
erred
wrote
rejecting
approach
declaring
matter
law
reaches
claimed
ppl
simply
matter
fact
ppl
evidence
showed
disputed
reaches
rivers
time
statehood
granted
certiorari
reverses
judgment
iii
ppl
contends
opinion
montana
flawed
three
respects
first
failure
consider
care
navigability
particular
river
segments
title
disputed
disregard
necessary
overland
portage
around
segments
second
misplaced
reliance
upon
evidence
recreational
use
third
state
called
liberal
construction
navigability
test
place
burden
proof
upon
state
show
navigability
brief
petitioner
amicus
substantial
agreement
ppl
arguments
although
offers
extended
discussion
respect
evidence
recreational
use
brief
appropriate
begin
analysis
discussing
legal
principles
control
case
rule
capacity
sovereigns
hold
title
beds
navigable
waters
origins
english
common
law
see
shively
bowlby
distinction
made
england
waters
subject
ebb
flow
tide
royal
rivers
nontidal
waters
public
highways
respect
royal
rivers
crown
presumed
hold
title
riverbed
soil
public
retained
right
passage
right
fish
stream
respect
public
highways
name
suggests
public
also
retained
right
water
passage
title
riverbed
soil
general
matter
held
private
ownership
riparian
landowners
shared
title
owning
side
center
thread
stream
well
exclusive
right
fish
see
idaho
coeur
tribe
idaho
summarizing
angell
treatise
common
law
relation
kent
commentaries
american
law
ed
distinction
bed
title
initial
rule
colonies
revolution
american
law
moved
different
standard
state
courts
came
early
conclusion
state
holds
presumptive
title
navigable
waters
whether
waters
subject
ebb
flow
tide
see
carson
blazer
binn
executors
cates
wadlington
wilson
forbes
bullock
wilson
port
elder
burrus
tidal
rule
navigability
sovereign
ownership
riverbeds
perhaps
appropriate
england
dominant
coastal
geography
ill
suited
vast
number
major
inland
rivers
upon
navigation
sustained
see
houck
law
navigable
rivers
packer
bird
late
century
recognized
prevailing
doctrine
state
sovereign
title
soil
rivers
really
navigable
shively
supra
see
barney
keokuk
country
general
thing
waters
deemed
navigable
really
title
rule
became
known
navigability
fact
rule
state
riverbed
title
assumed
federal
constitutional
significance
doctrine
declared
original
people
state
based
principles
sovereignty
hold
absolute
right
navigable
waters
soils
subject
rights
surrendered
powers
granted
constitution
federal
government
martin
lessee
waddell
pet
series
cases
determined
principle
applied
later
admitted
union
union
coequal
sovereigns
constitution
see
lessee
pollard
hagan
knight
land
shively
supra
see
texas
precedents
basis
doctrine
state
title
lands
conferred
congress
constitution
oregon
ex
rel
state
land
bd
corvallis
sand
gravel
follows
ensuing
questions
navigability
determining
state
riverbed
title
governed
federal
law
see
utah
oregon
title
consequences
doctrine
stated
summary
form
upon
statehood
state
gains
title
within
borders
beds
waters
navigable
tidally
influenced
see
phillips
petroleum
mississippi
although
relevant
case
may
allocate
govern
lands
according
state
law
subject
paramount
power
control
waters
purposes
navigation
interstate
foreign
commerce
oregon
supra
see
montana
holt
state
bank
retains
title
vested
statehood
land
beneath
waters
navigable
tidally
influenced
transferred
licensed
chooses
see
utah
supra
oregon
supra
returning
navigability
fact
rule
explained
elements
test
basic
formulation
rule
set
forth
daniel
ball
wall
case
concerning
federal
power
regulate
navigation
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
daniel
ball
formulation
invoked
considering
navigability
waters
purposes
assessing
federal
regulatory
authority
constitution
application
specific
federal
statutes
waters
beds
see
ibid
montello
wall
appalachian
elec
power
federal
power
act
rapanos
plurality
opinion
clean
water
act
kennedy
concurring
judgment
used
well
determine
questions
title
water
beds
doctrine
see
utah
supra
oklahoma
texas
holt
state
bank
supra
noted
however
test
navigability
applied
way
distinct
types
cases
among
differences
application
following
state
title
doctrine
navigability
determined
time
statehood
see
utah
supra
based
natural
ordinary
condition
water
see
oklahoma
supra
contrast
admiralty
jurisdiction
extends
water
routes
made
navigable
even
formerly
see
ex
parte
boyer
artificial
canal
federal
regulatory
authority
encompasses
waters
recently
become
navigable
see
philadelphia
stimson
navigable
longer
see
economy
light
power
navigable
never
may
become
reasonable
improvements
see
appalachian
elec
power
supra
respect
federal
commerce
power
inquiry
regarding
navigation
historically
focused
interstate
commerce
see
daniel
ball
supra
course
commerce
power
extends
beyond
navigation
see
kaiser
aetna
contrast
title
purposes
inquiry
depends
navigation
interstate
travel
see
utah
supra
list
differences
exhaustive
indeed
ach
application
daniel
ball
test
apt
uncover
variations
refinements
require
elaboration
palachian
elec
power
supra
iv
primary
flaw
reasoning
montana
lies
treatment
question
river
segments
overland
portage
determine
title
riverbed
doctrine
considers
river
basis
assess
whether
segment
river
riverbed
dispute
lies
navigable
utah
example
noted
controversy
relates
sections
rivers
described
complaint
master
limited
findings
conclusions
navigability
accordingly
propriety
course
view
physical
characteristics
streams
apparent
even
navigability
river
speaking
generally
matter
common
knowledge
hence
one
judicial
notice
may
taken
may
yet
question
determined
upon
evidence
far
navigability
extends
went
conclude
reciting
assessing
evidence
colorado
river
navigable
first
roughly
stretch
nonnavigable
next
roughly
stretch
navigable
remaining
miles
noted
importance
determining
exact
point
navigability
may
deemed
end
similarly
oil
gas
examined
segment
arkansas
river
ran
along
osage
indian
reservation
assessing
whether
arkansas
river
navigable
fact
locus
quo
concluded
originally
osages
grantees
unequivocally
held
title
riverbeds
arkansas
river
navigable
place
river
bed
lots
controversy
found
segment
river
along
reservation
nonnavigable
even
though
segment
river
began
downstream
navigable
ibid
see
also
oklahoma
supra
noting
far
streams
navigability
extended
known
assessing
separately
segments
red
river
confluence
washita
river
within
oklahoma
borders
concluding
neither
segment
hence
part
river
within
oklahoma
navigable
montana
discounted
approach
cases
calling
piecemeal
classification
navigability
stretches
declared
navigable
others
declared
error
approach
navigability
title
well
settled
disregarded
key
justification
sovereign
ownership
navigable
riverbeds
contrary
rule
allow
private
riverbed
owners
erect
improvements
riverbeds
interfere
public
right
use
waters
highway
commerce
federal
government
retain
regulatory
power
protect
public
navigation
allocation
state
beds
underlying
navigable
rivers
reduces
possibility
conflict
private
public
interests
see
utah
supra
packer
contrast
segments
nonnavigable
time
statehood
commerce
occur
thus
reason
segments
also
deemed
owned
state
doctrine
practical
considerations
also
support
segmentation
physical
conditions
affect
navigability
often
vary
significantly
length
river
particularly
true
longer
rivers
traverse
vastly
different
terrain
flow
affected
varying
local
climates
missouri
river
provides
excellent
example
headwaters
mouth
runs
miles
steep
mountains
canyons
upon
rocky
beds
waterfalls
rapids
across
sandy
plains
capturing
runoff
snow
melt
farmland
rains
alike
shifts
physical
conditions
provide
means
determine
appropriate
start
points
end
points
segment
question
topographical
geographical
indicators
may
assist
see
utah
supra
gradient
changes
oklahoma
location
tributary
providing
additional
flow
segment
approach
riverbed
title
allocation
doctrine
consistent
manner
private
parties
seek
establish
riverbed
title
centuries
title
riverbed
sovereign
rule
allocating
riverbed
title
among
riparian
landowners
involved
apportionment
defined
segment
landowner
owns
bed
soil
along
length
land
adjacent
thread
landowner
owns
bed
soil
center
stream
see
angell
treatise
law
watercourses
ed
tyler
wilkinson
cas
cc
ri
story
montana
moreover
suggest
segmentation
inadministrable
state
courts
managed
divide
apportion
underlying
riverbeds
purposes
determining
value
corresponding
rents
owed
ppl
montana
relying
upon
utah
decided
approach
inapplicable
apply
interruption
navigability
stream
otherwise
navigable
quoting
utah
mistaken
utah
noted
passing
facts
case
concerned
long
reaches
particular
characteristics
navigability
rather
short
interruption
utah
say
case
different
outcome
short
interruption
concerned
ibid
even
law
might
find
nonnavigable
segments
minimal
merit
treatment
part
longer
navigable
reach
purposes
title
doctrine
doubtful
segments
case
meet
standard
one
great
falls
reach
certainly
initial
matter
kinds
considerations
define
de
minimis
exception
approach
related
principles
ownership
title
inadministrability
parcels
exceedingly
small
size
worthlessness
parcels
due
overdivision
see
heller
tragedy
anticommons
harv
rev
explaining
dividing
property
parcels
absent
countervailing
legal
mechanisms
paralyze
alienability
scarce
resources
diminish
value
drastically
analysis
segmentation
must
sensibly
applied
comparison
nonnavigable
segment
length
overall
length
stream
instance
simply
irrelevant
issue
hand
number
segments
issue
discrete
defined
physical
features
characteristic
navigability
nonnavigability
substantial
matter
administrability
title
purposes
best
illustrated
great
falls
reach
miles
long
distinct
drops
including
five
waterfalls
continuous
rapids
plenty
reason
doubt
reach
navigability
based
presence
series
falls
also
reason
think
title
segment
bed
worthless
inadministrable
indeed
state
sought
awarded
rent
amount
million
ppl
various
hydroelectric
facilities
attached
riverbeds
half
along
great
falls
reach
applying
short
interruptions
approach
montana
decided
great
falls
reach
navigable
managed
way
land
route
portage
noted
particular
portage
lewis
clark
expedition
ibid
yet
portage
reveals
problem
montana
analysis
leaving
behind
larger
boats
lewis
clark
transported
supplies
small
canoes
miles
land
took
least
days
probably
see
lewis
clark
journals
journals
lewis
clark
expedition
dear
brother
even
portage
take
travelers
one
day
significance
demonstrates
need
bypass
river
segment
part
river
nonnavigable
thus
montana
wrong
state
respect
great
falls
reach
stretches
rivers
question
portages
sufficient
defeat
finding
navigability
cases
require
transportation
land
rather
water
case
least
great
falls
reach
reaching
conclusion
necessity
portage
undermine
navigability
montana
misapplied
decision
montello
wall
see
consideration
portage
montello
different
purpose
seek
determine
whether
river
question
navigable
title
purposes
instead
whether
navigable
purposes
determining
whether
boats
upon
regulated
federal
government
primary
focus
montello
upon
navigability
fact
upon
whether
river
navigable
water
latter
inquiry
doctrinally
distinct
turns
upon
whether
river
forms
connection
waters
continued
highway
commerce
may
carried
foreign
countries
customary
modes
commerce
conducted
water
citing
daniel
ball
wall
language
similar
continued
highway
montana
urges
import
title
context
lieu
established
segmentation
approach
brief
respondent
montello
reasonably
concluded
portages
required
case
prevent
river
part
channel
interstate
commerce
portages
continued
channel
goods
successfully
transported
interstate
part
upon
waters
question
provided
sufficient
basis
regulate
steamboats
places
boats
fact
navigate
portions
river
contrast
question
regards
ownership
bed
river
segments
montana
calling
interruptions
navigation
acknowledges
nonnavigable
reasoning
inquiry
montello
control
outcome
quite
different
concerns
riverbed
title
context
apply
clarified
portages
may
defeat
navigability
title
purposes
respect
great
falls
reach
sees
evidence
record
demonstrate
great
falls
reach
navigable
montana
dispute
overland
portage
necessary
traverse
reach
indeed
state
admits
falls
passable
boat
statehood
brief
respondent
trial
noted
falls
never
navigated
app
pet
cert
based
statements
concludes
contrary
montana
decision
great
falls
reach
least
head
first
waterfall
foot
last
navigable
purposes
riverbed
title
doctrine
also
determines
based
evidence
record
significant
likelihood
river
stretches
dispute
also
fail
federal
test
navigability
purpose
determining
title
example
disputed
segment
clark
fork
river
montana
incorrectly
stated
sole
evidence
nonnavigability
consists
conclusory
statements
without
specific
factual
support
fact
ppl
introduced
report
army
corps
engineers
two
years
montana
date
statehood
documenting
portion
clark
fork
river
missoula
lake
pend
oreille
includes
location
ppl
thompson
falls
facility
fall
feet
miles
mountain
torrential
stream
full
rocks
rapids
falls
utterly
unnavigable
incapable
made
navigable
except
enormous
cost
exec
pt
see
app
docket
report
based
conclusions
various
failed
attempts
navigate
river
found
thompson
falls
complete
obstruction
navigation
river
around
area
exceedingly
rapid
rough
full
rocks
exec
pt
consistent
federal
district
decree
decree
adjudicated
title
dispute
two
private
parties
riverbed
near
thompson
falls
declared
river
place
stream
incapable
carrying
products
country
usual
manner
water
transportation
steele
donlan
equity
cc
july
see
app
docket
ultimate
decision
disputed
river
stretches
determined
first
instance
montana
courts
upon
remand
relevant
evidence
assessed
light
principles
discussed
opinion
montana
erred
matter
law
reliance
upon
evidence
primarily
recreational
use
madison
river
error
inherent
consideration
evidence
evidence
must
confined
shows
river
sustain
kinds
commercial
use
realistic
matter
might
occurred
time
statehood
navigability
must
assessed
time
statehood
concerns
river
usefulness
travel
rather
purposes
see
utah
mere
use
initial
explorers
trappers
may
dragged
boats
alongside
river
despite
nonnavigability
order
avoid
getting
lost
provide
water
horses
enough
see
oregon
evidence
trappers
appear
waded
walked
river
dragging
boats
rather
floating
bearing
navigability
true
river
segments
navigable
used
also
susceptible
used
highways
commerce
time
statehood
utah
supra
internal
quotation
marks
omitted
evidence
recreational
use
depending
nature
may
bear
upon
susceptibility
commercial
use
time
statehood
see
appalachian
elec
power
ersonal
private
use
boats
demonstrates
availability
stream
simpler
types
commercial
navigation
utah
fact
actual
use
private
nature
public
commercial
sort
regarded
controlling
similarly
poststatehood
evidence
depending
nature
may
show
susceptibility
use
time
statehood
see
xtensive
continued
historical
use
commercial
purposes
may
persuasive
form
evidence
crucial
question
potential
use
time
statehood
rather
mere
manner
extent
actual
use
evidence
use
may
considered
extent
informs
historical
determination
whether
river
segment
susceptible
use
commercial
navigation
time
statehood
susceptibility
analysis
must
determined
whether
trade
travel
conducted
customary
modes
trade
travel
water
relevant
river
segment
natural
ordinary
condition
internal
quotation
marks
omitted
minimum
therefore
party
seeking
use
evidence
title
purposes
must
show
watercraft
meaningfully
similar
customary
use
trade
travel
time
statehood
river
poststatehood
condition
materially
different
physical
condition
statehood
see
also
oregon
supra
finding
scientific
historical
evidence
showed
physical
condition
particular
water
bodies
varied
substantially
since
statehood
way
might
affect
navigation
modern
watercraft
permit
navigability
historical
watercraft
river
changed
ways
substantially
improve
navigability
evidence
use
little
bearing
navigability
statehood
montana
opinion
offered
indication
made
necessary
findings
concluded
evidence
use
madison
probative
susceptibility
use
statehood
apparent
basis
conclusion
find
watercraft
similar
used
time
statehood
state
evidence
use
recreational
fishing
indicate
types
boats
used
app
modern
recreational
fishing
boats
including
inflatable
rafts
lightweight
canoes
kayaks
may
able
navigate
waters
much
shallow
rockier
beds
boats
customarily
used
trade
travel
statehood
river
physical
condition
montana
assess
care
ppl
evidence
changes
river
flow
location
pattern
channel
since
statehood
affidavit
ppl
expert
fluvial
geomorphology
study
landforms
least
suggests
result
ppl
dams
river
become
less
torrential
high
flow
periods
less
shallow
low
flow
periods
app
docket
thus
river
may
well
easier
navigate
statehood
montana
altogether
ignored
expert
reasoning
past
condition
river
channels
significance
information
navigability
contrary
montana
suggestion
expert
affidavit
mere
evidence
change
seasonal
variations
water
depth
provided
meaningful
evidence
river
conditions
changed
since
statehood
ways
made
navigation
river
easier
seasons
relevant
time
montana
correct
river
need
susceptible
navigation
every
point
year
neither
susceptibility
brief
commercial
reality
background
recreational
use
river
bear
navigability
purposes
title
doctrine
montana
reliance
upon
state
evidence
recreational
use
least
without
inquiry
wrong
matter
law
analysis
sufficient
require
reversal
grant
summary
judgment
montana
therefore
declines
decide
whether
montana
erred
burden
proof
regarding
navigability
final
contention
state
montana
suggests
denying
state
title
riverbeds
dispute
undermine
public
trust
doctrine
concerns
public
access
waters
beds
purposes
navigation
fishing
recreational
uses
brief
respondent
suggestion
underscores
state
misapprehension
equal
footing
public
trust
doctrines
public
trust
doctrine
ancient
origin
roots
trace
roman
civil
law
principles
found
english
common
law
public
navigation
fishing
rights
tidal
lands
state
laws
country
see
coeur
illinois
central
illinois
slade
putting
public
trust
doctrine
work
see
national
audubon
soc
superior
alpine
cal
arnold
mundy
unlike
doctrine
however
constitutional
foundation
navigability
rule
riverbed
title
public
trust
doctrine
remains
matter
state
law
see
coeur
supra
illinois
central
public
trust
case
statement
illinois
appleby
city
new
york
subject
well
federal
power
regulate
vessels
navigation
commerce
clause
admiralty
power
cases
noted
state
takes
title
navigable
waters
beds
trust
public
see
shively
contours
public
trust
depend
upon
constitution
accepted
principles
federalism
retain
residual
power
determine
scope
public
trust
waters
within
borders
federal
law
determines
riverbed
title
doctrine
litigation
history
case
shows
montana
filed
claim
riverbed
rent
century
first
dams
built
upon
riverbeds
montana
sought
compensation
despite
full
awareness
ppl
hydroelectric
projects
despite
state
participation
projects
federal
licensing
process
reach
question
may
virtue
state
sovereignty
neither
laches
estoppel
apply
strict
sense
bar
state
much
belated
claim
still
reliance
ppl
predecessors
title
upon
state
long
failure
assert
title
evidence
support
conclusion
river
segments
nonnavigable
purposes
doctrine
montana
ruling
montana
owns
may
charge
use
riverbeds
across
state
based
upon
infirm
legal
understanding
rules
navigability
title
doctrine
said
state
courts
legislature
dealing
general
subject
beds
streams
adopt
retroactive
rule
determining
navigability
enlarge
actually
passed
state
time
admission
constitutional
rule
equality
invoked
judgment
montana
reversed
case
remanded
proceedings
inconsistent
opinion
ordered