State of Oregon v. Riverfront Protection Association

672 F.2d 792 12 Envtl. L. Rep. 20 ,728 STATE OF OREGON, By and Through the DIVISION OF STATE LANDS, Plaintiff-Appellant, v. RIVERFRONT PROTECTION ASSOCIATION, an unincorporated association; Henry Salot, Sarah G. Salot, Carl Wilson, Rose Wilson, John E. Jaqua and Rosemond R. Jaqua, Defendants-Appellees. No. 81-3035. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1982. Decided March 26, 1982. Peter S. Herman, Senior Asst. Atty. Gen., Salem, Or., argued, for plaintiff-appellant; William F. Gary, Deputy Sol. Gen., Salem, Or., on brief. Donald J. Morgan, Wood, Tatum, Mosser, Brooke & Holden, Portland, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before SNEED, ANDERSON, and REINHARDT, Circuit Judges. SNEED, Circuit Judge: 1 This appeal poses the question whether the McKenzie River between river mile 37 and its confluence with the Willamette River was navigable under federal law on February 14, 1859 when the State of Oregon was admitted to the Union. If it was so navigable title to the riverbed vested at that time in the State of Oregon. The district court held that it was not so navigable. We…