CAN THREAD OF STREAM OF NORTH PLATTE RIVER BE RELIABLY DETERMINED, AND IF SO, WHERE IS IT?
DDSM
(Yes it can...but it takes a Ph.D. fluvial geomorphologist with what can only be described as substantial educational, teaching, publishing, and testimonial experience.)
Hey Dan, thanks for the case. It is a good read.
Jerry
Sure wish they would have provided the sketches, photos and plats.
Mr. Cow.
It would have been nice to have seen the exhibits. Sounds like some were well designed to illustrate the history and show what happened in that river bottom. They at least impressed the judges. It did not take a fluvial geomorphologist to do that work. A land surveyor should have recognized the need and done the same thing.
Jerry
Jerry,
I was being facetious about the need for a fluvial geomorphologist. I found the Court's attitude toward Dr. Harvey's qualifications "when compared to Mainelli's bachelor's degree in the more general field of civil engineering" to be funny.
I agree that a land surveyor should have recognized that the line is question is a boundary line and provided an opinion as to the location. It seems, in this case, the surveyor relied on Anderson v. Cumpston where the Court said:
"Our review of the record reveals that the district court correctly determined the thread of the Platte River to be the geographical centerline thereof and accordingly established the north boundary of Anderson's property along that geographical centerline. Simply put, the establishment of the thread of the stream at anywhere but the geographical centerline would be, on the record before us, nothing but pure speculation and conjecture."
DDSM
(P.S. The maps from Jim came in the mail yesterday :-D)
