Miami Valley Conservancy Dist. v. Alexander
Citation: 12 ELR 20763
No. No. C-1-79-336, 507 F. Supp. 924/(S.D. Ohio, 02/20/1981)
The court holds that the Great Miami River in Ohio and four of its tributaries are not navigable within the meaning of § 10 of the Rivers and Harbors Act of 1899. Since the parties agree that no use of these waterways for commercial purposes occurred after 1830, the court considers the question of navigability based on historical use. Except for occasional use by fur traders and Indians during presettlement times and sporadic use during periods of high water by flatboats, the court finds that the waterways in question were not used for trade and travel. It holds that a river is not navigable in fact when its use was sporadic, irregular or confined to downstream use during short periods of temporary high water, and thus concludes that the Great Miami and its tributaries are not navigable.
Counsel for Plaintiff
Arthur A. Ames
Altick & Corwin
1300 Talbott Tower, Dayton OH 45402
Counsel for Defendants
Ann Marie Tracy, Ass't U.S. Attorney
220 U.S.P.O. & Cthse., 100 E. 5th St., Cincinnati OH 45202
Counsel for Intervenor
Stephen F. Koziar Jr., Ass't General Counsel
Dayton Power & Light Co.
Cthse. Plaza SW, Dayton OH 45402