Utah v. United States
403 U.S. 9, 1971 U.S. LEXIS 31, 29 L. Ed. 2d 279 (1971)
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Rule of Law:
A body of water is considered navigable in fact for the purpose of determining state title to its bed if, at the time of statehood, it was used or was susceptible to being used in its ordinary condition as a highway for commerce, even if that use was not extensive, continuous, or for hire.
Facts:
- In the decades leading up to 1896, various boats operated on the Great Salt Lake.
- Ranchers used approximately nine different boats to transport their own cattle and sheep from the mainland to islands within the lake.
- At least one boat was operated for hire by a third party to transport sheep for their owners across the lake.
- A boat named the 'City of Corinne' was launched in 1871 and operated for about a year carrying passengers and freight, after which it was used as an excursion boat until 1881.
- Other boats were used on the lake to haul commercial goods such as ore, salt, and cedar posts.
- One boat was used specifically to transport salt from various works around the lake to a railroad connection.
- Utah was admitted to the Union as a state on January 4, 1896.
Procedural Posture:
- The State of Utah initiated a suit against the United States in the U.S. Supreme Court, which has original jurisdiction, to resolve ownership of the lands beneath the Great Salt Lake.
- The Supreme Court appointed a Special Master to investigate and report on the factual question of the lake's navigability at the time of Utah's statehood in 1896.
- The Special Master submitted a report to the Court, finding that the Great Salt Lake was navigable on the relevant date.
- The United States contested the findings of the Special Master's report before the Supreme Court.
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Issue:
Was the Great Salt Lake a navigable body of water on January 4, 1896, the date of Utah's admission to the Union, for the purpose of establishing Utah's title to the lakebed under the equal footing doctrine?
Opinions:
Majority - Douglas
Yes, the Great Salt Lake was navigable at the time of Utah's statehood. A body of water is navigable in fact if it is used, or is susceptible of being used, in its ordinary condition as a highway for commerce. The Court found that the various uses of the Great Salt Lake, including transporting livestock, salt, ore, and passengers, satisfied this test. It is irrelevant that some of this transport was not for hire (e.g., ranchers moving their own livestock) or that the commerce was sporadic rather than continuous. The essential feature is that the lake served as a highway for trade and travel, which distinguishes it as a navigable waterway. Based on the Special Master's findings, the lake's depth and physical condition on January 4, 1896, were sufficient to support such navigation, thus vesting title to the lakebed in the State of Utah.
Analysis:
This decision clarifies the federal test for navigability for title purposes, applying a broad and practical interpretation. The Court established that the volume or commercial nature of the traffic is not dispositive; rather, the critical factor is whether the waterway is physically susceptible to being used as a highway for commerce. By treating private, non-hire use (like ranchers moving their own cattle) as sufficient evidence of commerce, the ruling makes it easier for states to assert title over the beds of inland lakes and rivers under the equal footing doctrine. This precedent has significant implications for state ownership of natural resources within and beneath such bodies of water.
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