State of Utah George D. Fehr Earl E. Fehr Joe Lyon, Jr. And United Western Minerals Company, a Corporation v. United States

BRATTON, Circuit Judge.

In United States v. Utah, 283 U.S. 64, 61 S.Ct. 438, 75 L.Ed. 844, sometimes hereinafter referred to as the earlier case, it was determined that the San Juan River from the mouth of Chinle Creek downstream to its confluence with the Colorado River, a distance of 133 miles, was non-navigable at the date of the admission of Utah to the Union on January 4, 1896. That case was decided in 1931.

In 1959, the United States instituted in the United States Court for Utah this action to quiet title in the United States to the land constituting the bed of the San Juan River in Utah…