43 U.S.C. § 931
Navigable rivers as public highways
All navigable rivers, within the territory occupied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.
Notes of Decisions
Cited in 13
cases, 1930–2018 · leading case: Montana v. United States, 450 U.S. 544 (1981).
Montana v. United States, 450 U.S. 544 (1981). “§ 10 ; 43 U. S. C. § 931 . Rather, the ownership of land under navigable waters is an incident of sovereignty.”
Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970). “The Court of Appeals ruled that the river at that point was not navigable and that "riparian grantees and owners under the acts of Congress and under the law applicable in 1838, 1872, and 1883 at the place where these leased premises lie became the owners of the beds of…”
California-Oregon Power Co. v. Beaver Portland Cement Co., 73 F.2d 555 (9th Cir. 1934). “"All navigable rivers, within the territory occupied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.”
Montana Power Co. v. Rochester, 127 F.2d 189 (9th Cir. 1942). “5 43 U.S.C.A. § 931 ; Shively v. Bowl-by, 152 U.”
Silver Springs Paradise Co. v. Ray, 50 F.2d 356 (5th Cir. 1931). “As the statute under which the patented land was offered for sale and sold contained the above set out provision as to all navigable waters being and forever remaining public highways (that provision being to the same effect as one contained in 43 USCA § 931), it is to be…”
United States v. Pollmann, 364 F. Supp. 995 (D. Mont. 1973). “1947 and 43 U.S.C. § 931 . 18 . In Williamson the Court approved the following instruction: “Having now placed before you the timber and stone law, and what it denounces, and what it permits, if a man honestly and in good faith seeks advice of a lawyer as to what he may lawfully…”
United States v. Champlin Refining Co., 156 F.2d 769 (10th Cir. 1946). “§ 2476 [ 43 U.S.C.A. § 931 ]; Oklahoma v. Texas, 258 U.”
Confederated Salish & Kootenai Tribes v. Namen, 380 F. Supp. 452 (D. Mont. 1974). “It is true, as defendants point out, that under 43 U.S.C. § 931 navigable rivers are “deemed public highways” and under 22 U.”
Taylor v. United States, 44 F.2d 531 (9th Cir. 1930). “§ 2476, 43 IJSCA § 931), has recognized the trusteeship of tho government of the United States in navigable rivers in territories of the United States for the people and for the states thereafter to be formed from such territory ( 1 Stat.”
Forest Serv. Emps. for Envtl. Ethics v. U.S. Forest Serv., 341 F. Supp. 3d 1217 (W.D. Wash. 2018). “See 43 U.S.C. §§ 931 , 1761 ; 16 U.S.C. §§ 432 , 497 ; 30 U.”
Swin Resource Sys., Inc. v. Lycoming Cnty., 678 F. Supp. 1116 (M.D. Penn. 1988). “Swin may bring an action pursuant to 43 U.S.C. § 931 (c) and need not join the United States as an indispensable party.”
Gouax v. Bovay, 105 F.2d 256 (5th Cir. 1939). “2476, 43 U.S.C.A. § 931 , and all waters, railroads, canals, and plank roads over which -the mail is carried are for the time established post-roads.”
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