Show SUIT INVOLVES OIL AND MINERAL RIGHTS IN COLORADO GREEN AND SAN JUAN RIVERS the following dispatch from washington D C appeared in the salt lake tribune of april 9 washington D C april 8 on the convening of the supreme court of the united states on april 9 there will be presented on behalf of the department of justice a motion for leave to file a bill of complaint by the govern i ment of the united states against the state of utah the purpose of which suit is to quiet title to certain portions of the river beds of the green colo i rado and san juan rivers within the r state of utah asserting its title to i lands bordering on these streams by the terms of the guadalupe S treaty of 1884 the united states government ern ment by virtue of its riparian ownership claims title to those por eions of the river beds adjacent to its riparian lands whether the federal government Is the owner of the beds of these streams depends on whether they are navigable waters and that in turn presents a question as to the test of navigability to be applied in the case the state of utah asserts title to the river beds on the theory that the streams are navigable it these streams are held to be navigable the river beds are the property of the state of utah in so far as those rivers are embraced within the boundaries of the state this original suit of the federal government against the state of utah involves merely the title of the beds of the streams it does not involve the control of the waters of either of the rivers for power or irrigation it the rivers are determined to be navigable the united states would have no in terest in any oils or minerals in the beds of the streams the present suit grows out of the situation which has arisen in utah be cause of the fact that oil and gas have been discovered in different portions of these river beds under the gen eral leasing act of congress passed in i 1920 the secretary of the interior has granted numerous permits to individuals and corporations to prospect tor the discovery of oil and other minerals which would include the adjacent portions of the river beds it they belong to the united states no 1 leases have as yet been executed by the government although when the permit tees discover oil or gas in paying quantities this entitles them to apply for and obtain a lease under the act of 1920 and permit tees have entered into possession and have been engaged for a considerable length of time in prospecting and discovering oil and gas minerals after the united states has executed these permits the state claiming under the constitution to be the owner of the beds of these streams upon the theory that they are navigable rivers executed leases to different portions of both rivers for oil gas and other minerals these were granted without the consent of the united states A suit has already been instituted in the district court in utah by the state of utah and one of its lessels lessees the texas production company against several federal government permit tees wherein it Is sought to prevent the permit tees from mccu pyeng the river beds or removing oil After that suit had been 1 filed the permit tees of the government petitioned the interior department and the attorney general to intervene and protect the interests which the government go had granted to them but it has been deemed advisable to institute a suit in the supreme court to settle the controversy |