“ The Red river rises in the Panhandle of Texas, near the New Mexico boundary, and takes an easterly and southeasterly course to the Mississippi, of which it is a tributary. Its total length is about 1,300 miles. The first 557 miles from its mouth are in Louisiana and Arkansas, the next 539 miles are in Oklahoma along the southern boundary, and the remainder is in the Panhandle of Texas. The receivership area embraces 43 miles of the southerly half of the river bed and lies 409 miles up stream from the eastern boundary of Oklahoma. ”

“ Even if this were so, it well may be doubted that it would enable strangers to fasten any claim on or appropriate the bed in front of the allotments. But we think it is not so. The allotments when perfected passed the equitable title and beneficial use to all that would have passed under a full patent. The purpose of the holding in trust by the United States is to prevent allottees from improvidently alienating or incumbering the land, not to cut down or postpone their rights in other respects. ”

“ A like inference is sought to be drawn from the fact that Congress, in permitting the construction of certain bridges across the river within Oklahoma, provided in substance that there should be no interference with navigation. ”

“ By a treaty between the United States and the Kiowa, Comanche and Apache Tribes of Indians, concluded in 1867, the territory north of the 'middle of the main channel' of the Red river and between the Ninety-Eighth meridian and the North fork was set apart as a reservation and permanent home for those tribes. ”

“ One of the grazing reserves created under that act contained 400,000 acres, and the order setting it apart made the 'midchannel' of the river its southern boundary. That reserve came to be known as the Big Pasture and was maintained until June 5, 1906, when Congress passed an act (chapter 2580, 34 Stat. 213) requiring that it be disposed of (a) by alloting in severalty to each child born into the tribes after the act of 1900, 160 acres, and (b) by subjecting the remaining lands to particular modes of entry and sale and placing the proceeds in the Treasury to the credit of the tribes. ”

“ Beginning in 1886 Congress made several appropriations looking to the improvement of the river from a point in Arkansas, not far from the Oklahoma boundary, westward to the mouth of the Washita, and about $500,000 was expended on the project. The officer in charge of the work several times recommended that it be discontinued, because not likely to result in any commercial navigation ”

“ Of course, when the exact location of the boundary along the south bank is determined, it may develop that the receiver is holding some land on the southerly side of that line or proceeds arising therefrom, and, if so, the state of Texas and its grantees and licensees will be free to claim the same. ”

“ At all times there is an almost continuous succession of shifting and extensive sand bars. Ordinarily the depth of water over the sand bars is from 6 to 18 inches and elsewhere from 3 to 6 feet. There is no permanent or stable channel. ”

“ In that state the river bed between the cut-banks, so-called, has an average width of one-third of the mile, the least width being in the vicinity of the 100th meridian and the greatest in the vicinity of the receivership area. ”