Delta Fish & Fur Farms, Inc. v. Pierce

The only question for decision on this appeal is whether the waters on the plaintiff’s lands are public navigable waters or private waters.

This court, throughout its history, has always jealously guarded the navigable waters of this state and the rights of the public to use and enjoy them. A citation of the numerous authorities to sustain this statement seems wholly unnecessary.

But, in the view we take of this case, we are not here dealing with navigable public waters but rather with waters which were heretofore found by the circuit court for Trem-*524pealeau county to be non-navigable in fact,…