306 



use is as a breeding ground for wildlife; and (iii) for 

 that use just compensation is due. 



Our discussion of tliis contention begins and ends 

 with the idea that there is no taking. The waters and 

 underlying land are subject to the paramount servi- 

 tude in the Federal government which the Submerged 

 Lands Act expressly reserved as an incident of power 

 incident to the Commerce Clause. (See Part II supra). 



VII 



Conclusion 



Landholders' contentions fail on all grounds. The 

 case is reversed and since there are no questions re- 

 maining to be resolved by the District Court, judgment 

 is rendered for the Government and the associated 

 agent-defendants. 



REVERSED and RENDERED. 



Adm. Office, U.S. Courts— ScofieMs' Quality Printers, Inc., N. O., La. 



