- Ag Docket
(case involved issue of what the appropriate test is for determining whether a river is navigable such that the state owns the riverbed; case involves wholesale generator of electricity that challenged trial court determination that defendant owned the riverbed and was, therefore, entitled to damages for generator's use of riverbeds from 2000-2007 at hydroelectric power stations; state Supreme Court affirmed on basis that rivers were navigable at time of statehood in 1889 and by providing a channel for commerce at that time; U.S. Supreme Court reversed (unanimously) on basis that Equal Footing Doctrine specified that states did not hold title to riverbeds on portions of rivers that were non-navigable at time of statehood; Court determined that Missouri River non-navigable over 17-mile Great Falls reach - from head of first waterfall to foot of last; present-day recreational use of Madison River had no bearing on navigability issue; in addition, state's lack of assertion to title over riverbed over long period of time provided additional evidence that river segments at issue non-navigable).
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