286 



proprietary rights of ownership Nothing 



in the Act was to be construed as the release 

 or relinquishnient of any rights of the United 

 States arising under the constitutional authori- 

 ty of Congress to regulate or improve naviga- 

 tion, or to provide for flood control, or tJhe pro- 

 duction of power. The Act left congressional 

 power over commerce and the domiiiant navi- 

 gational servitude of the United States precise- 

 ly where it found them." 



Congress clearly has the power under the Commerce 

 Clause to regulate the use of Landholders* submerged 

 riparian property for conservation purposes and has 

 not given up this power in the Submerged Lands Act. 



IV 



Prohibiting Obstructions to Navigation 



The action of the Chief of Engineers and the Secre- 

 tary of the Army under attack rests immediately on 

 the Rivers and Harbors Act, 33 U.SLC.A. § 403, which 

 declares that "the creation of any obstruction * * * 

 to the navigable capacity of any of tlie waters of the 

 United States is prohibited."*^ The Act covers both 



12 'The creation of any obstruction «iot alfirmatively 



authorized by Congress, to the navigable capacity of 

 any of the waters of the United Staiites is prohibited; 

 and it shall not be lawful to build ar commence the 

 building of any wharf, pier, dol^in, boom, weir, 

 breatwater, bulkhead, jetty, or other structures in any 

 port, roadstead, haven, harbor, canal, navigable river, 

 or other water of the United States, osztside established 



