3. See e.g. , Herrin v. Sutherland , 74 Mont. 587 (1925), City of Newark v. Eastern 

 TJFlines , I59F. Supp. 750(1958) 



4. As a general proposition, established oil field rights can be conceptualized as being in 

 direct proportion to surface area owned in a declared field. See generally , La. Rev. 

 State. Ann. Sections 3 1 :9- 1 1 



5. AUBRY AND RAU, CIVIL LAW TRANSLATIONS , Vol. II Sections 169, 170 (7th ed. 

 1961) 



6. 44 U.S. (3 How.) 212 (1845) 



7. The Court's reasoning in Pollard's Lessee v. Hagan was that because the lands under 

 navigable waters were not specifically granted to the United States by the 

 Constitution, they were thereby reserved to the original 13 States. The Court then 

 concluded that Article IV, Section 3 of the Constitution (which controls the formation 

 of new states) and Article I, Section 8, clause 16, (which was interpreted by the Court 

 at that time to prevent Federal control over lands other than the District of Columbia 

 and military reservations) read together, demanded that newly created states be 

 admitted on the same terms ("equal footing") as the original 13 States. Therefore all 

 states own the land under their navigable waters. See also , La. Civ. Code Ann. art. 

 450 



8. See , Shively v. Bowlby , I 52 U.S. I, (1893); Eldridqe v. Trezevant , 160 U.S. 452 (1895) 



9. See, United States v. Chandler-Dunbar , 229 U.S. 53, ( 1 9 1 3); Oregon ex rel State Land 

 Board v. Corvallis Sand and Gravel Co. , 429 U.S. 363 (1977) 



10. See generally , YIANNOPOULAS, LOUISIANA CIVIL LAW TREATISE , 42 (2d ed. 

 \98W~ 



11. 77 U.S. (10 Wall.) 557 (1870) 



1 2. jd., at 563 



13. See, State v. Aucoin , 206 La. 787, 20 So 2d 136, (1944). See Also , Id. at 158, 

 (Fournet, J., dissenting); Amite Gravel Sand Co. v. Roseland Gravel Co ., l58'La. 704, 

 87 So. 718 (1921); State v. Jefferson Island Salt Mining Co ., 183 La. 304, 163 So. 145 

 (1935) 



14. State ex rel Atchafalaya Basin Levee District v. Capdeville , 146 La. 89, 83 So. 421 

 (1919); State v. Jefferson Island Salt Mining Co. , supra, note 13 



15. The threshold question of whether or not a body of water is a lake or a river is 

 generally dictated by the physical characteristics of that water body, which the 

 courts will examine on a case by case basis. Some factors the court looks to are the 

 size of the water body, source of its water (is it primarily drainage or river flow?), 

 presence or absence of current, flow within well-defined banks, amount of sediment 

 load carried by the water. See, Slattery v. Arkansas Natural Gas , 138 La. 783, 70 So. 

 806 (1916); Amerda Petroleum Corp. v. State Mineral Board , 203 La. 473, 14 So. 2d 61 

 ( 1 943); State v. Placid Oil Co., 200 So. 2d 154 (La. 1974) 



135 



