Utah Division of State Lands v. United States

482 U.S. 193, 107 S. Ct. 2318, 96 L. Ed. 2d 162, 1987 U.S. LEXIS 2475, 55 U.S.L.W. 4750
CourtSupreme Court of the United States
DecidedJune 8, 1987
Docket85-1772
StatusPublished
Cited by82 cases

This text of 482 U.S. 193 (Utah Division of State Lands v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Utah Division of State Lands v. United States, 482 U.S. 193, 107 S. Ct. 2318, 96 L. Ed. 2d 162, 1987 U.S. LEXIS 2475, 55 U.S.L.W. 4750 (1987).

Opinions

Justice O’Connor

delivered the opinion of the Court.

The issue in this case is whether title to the bed of Utah Lake passed to the State of Utah under the equal footing doctrine upon Utah’s admission to the Union in 1896.

I-H

<J

The equal footing doctrine is deeply rooted in history, and the proper application of the doctrine requires an understanding of its origins. Under English common law the English Crown held sovereign title to all lands underlying navigable waters. Because title to such land was important to the sovereign’s ability to control navigation, fishing, and other commercial activity on rivers and lakes, ownership of this land was considered an essential attribute of sovereignty. [196]*196Title to such land was therefore vested in the sovereign for the benefit of the whole people. See Shively v. Bowlby, 152 U. S. 1, 11-14 (1894). When the 13 Colonies became independent from Great Britain, they claimed title to the lands under navigable waters within their boundaries as the sovereign successors to the English Crown. Id., at 15. Because all subsequently admitted States enter the Union on an “equal footing” with the original 13 States, they too hold title to the land under navigable waters within their boundaries upon entry into the Union. Pollard’s Lessee v. Hagan, 3 How. 212 (1845).

In Pollard’s Lessee this Court announced the principle that the United States held the lands under navigable waters in the Territories “in trust” for the future States that would be created, and in dicta even suggested that the equal footing doctrine absolutely prohibited the United States from taking any steps to defeat the passing of title to land underneath navigable waters to the States. Id., at 230. Half a century later, however, the Court disavowed the dicta in Pollard’s Lessee, and held that the Federal Government had the power, under the Property Clause, to convey such land to third parties:

“By the Constitution, as is now well settled, the United States, having rightfully acquired the Territories, and being the only government which can impose laws upon them, have the entire dominion and sovereignty, national and municipal, Federal and state, over all the Territories, so long as they remain in territorial condition. . . .
“We cannot doubt, therefore, that Congress has the power to make grants of lands below high water mark of navigable waters in any Territory of the United States, whenever it becomes necessary to do so in order to perform international obligations, or to effect the improvement of such lands for the promotion and convenience of commerce with foreign nations and among the several [197]*197States, or to carry out other public purposes appropriate to the objects for which the United States hold the Territory.” Shively v. Bowlby, 152 U. S., at 48.

Thus, under the Constitution, the Federal Government could defeat a prospective State’s title to land under navigable waters by a prestatehood conveyance of the land to a private party for a public purpose appropriate to the Territory. The Court further noted, however, that Congress had never undertaken by general land laws to dispose of land under navigable waters. Ibid. From this, the Court inferred a congressional policy (although not a constitutional obligation) to grant away land under navigable waters only “in case of some international duty or public exigency.” Id., at 50.

The principles articulated in Shively have been applied a number of times by this Court, and in each case we have consistently acknowledged congressional policy to dispose of sovereign lands only in the most unusual circumstances. In recognition of this policy, we do not lightly infer a congressional intent to defeat a State’s title to land under navigable waters:

“[T]he United States early adopted and constantly has adhered to the policy of regarding lands under navigable waters in acquired territory, while under its sole dominion, as held for the ultimate benefit of future States, and so has refrained from making any disposal thereof, save in exceptional instances when impelled to particular disposals by some international duty or public exigency. It follows from this that disposals by the United States during the territorial period are not lightly to be inferred, and should not be regarded as intended unless the intention was definitely declared or otherwise made very plain.” United States v. Holt State Bank, 270 U. S. 49, 55 (1926).

We have stated that “[a] court deciding a question of title to the bed of a navigable water must. . . begin with a strong presumption against conveyance by the United States, and [198]*198must not infer such a conveyance unless the intention was definitely declared or otherwise made very plain, or was rendered in clear and especial words, or unless the claim confirmed in terms embraces the land under the waters of the stream.” Montana v. United States, 450 U. S. 544, 552 (1981) (internal quotations omitted; citations omitted). Indeed, in only a single case—Choctaw Nation v. Oklahoma, 397 U. S. 620 (1970) — have we concluded that Congress intended to grant sovereign lands to a private party. The holding in Choctaw Nation, moreover, rested on the unusual history behind the Indian treaties at issue in that case, and indispensable to the holding was a promise to the Indian Tribe that no part of the reservation would become part of a State. Montana v. United States, supra, at 555, n. 5. Choctaw Nation was thus literally a “singular exception,” in which the result depended “on very peculiar circumstances.” 450 U. S., at 555, n. 5.

B

Utah Lake is a navigable body of freshwater covering 150 square miles. It is drained by the Jordan River, which flows northward and empties into the Great Salt Lake. Several years before the entry of Utah into the Union, “[t]he opening of the arid lands to homesteading raised the specter that settlers might claim lands more suitable for reservoir sites or other irrigation works, impeding future reclamation efforts.” California v. United States, 438 U. S. 645, 659 (1978). In response, Congress passed the Sundry Appropriations Act of 1888, 25 Stat. 505 (1888 Act), which authorized the United States Geological Survey to select “sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows.” Id., at 526. The Act further provided that the United States would reserve the sites that might be so selected:

“[A]ll the lands which may hereafter be designated or selected ... for sites for reservoirs, ditches or canals for [199]

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Bluebook (online)
482 U.S. 193, 107 S. Ct. 2318, 96 L. Ed. 2d 162, 1987 U.S. LEXIS 2475, 55 U.S.L.W. 4750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utah-division-of-state-lands-v-united-states-scotus-1987.