Laserfiche WebLink
<br />001829 <br /> <br />. <br /> <br />~ <br /> <br />[Footnote for p. 40J <br /> <br />!I In its rebuttal brief of June 30, 1959, the United states <br />asserts (P. 3) that "the Desert Land Act of l877 (19 Stat. 377; 43 <br />u.s.C. ~ 32l), and the precursors thereof, Section 9 of the <br />Act of July 26, 1866 (14 stat. 25l, 253; 30 U.S.C. ~ 5l), and <br />Section l7 of the Act of July 9, l870 (l6 stat. 2l7, 2l8; <br />43 U.S.C. ~ 661) . . . made possible the acquisition by <br />appropriation in accordance with local laws and customs of <br />privately-owned rights to the use of non-navigable waters on <br />the pUblic domain." The "precursors" said nothing about <br />navigabili ty. <br /> <br />California presented a large volume of uncontradicted <br />evidence that the Secretary of the Interior for 75 years has <br />accepted evidence of appropriations of Colorado River system <br />waters as satisfying the requirements of the Desert Land Act <br />that an entryman prove a water right by "bona fide prior <br />appropriation." See app. 3, California Opening Brief. <br /> <br />41. <br />