The Southwestern Historical Quarterly, Volume 53, July 1949 - April, 1950 Page: 10
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Southwestern Historical Quarterly
within Oklahoma is navigable) did not pass to Oklahoma upon
becoming a state in 1907. And north shore riparian owners, in-
cluding Oklahoma, individual Indians, and others, are limited
to the median line, since the former Indian Territory out of which
allotments were made, and riparian ownership titles acquired,
extended only to the middle of the river. Inasmuch as no state
or individual titles to the bed of the southern half of Red River
have been established, this strip remains Federal territory.28
The same basic document (the Treaty of i819) which led to
the establishment of the limits of Texas on the bank of the Sa-
bine, was used to give Texas a bank boundary on the Red River.
While the treaty did not refer specifically to a bank line on the
Red River, the United States Supreme Court held in 1923, that
The meaning of the treaty provision is just what it would be if the
Red River section of the boundary were expressly described as along
the south bank.29
Unlike the situation on the Sabine, however, Congress never
at any time authorized Texas to extend her limits to include half
of Red River. And, while joint action on the part of Congress
and the state of Texas could have made such an extension of the
northern boundary of Texas at any time prior to the admission
of Oklahoma to statehood without running the risk of opposition
from any other state (in contrast to the situation resulting from
the extension, or attempted extension, of Texas to include half
the Sabine), it is doubtful that the ownership of the bed of Red
River would have passed to Texas even if the river, or a portion
of it, had been added to the area included within the limits of
Texas-just as it did not pass to Oklahoma upon becoming a
state, albeit the jurisdiction of Oklahoma extends over the river.
It is well established that "in accordance with the constitu-
tional principle of the equality of States" the title to the beds of
rivers within a state passed to the state when admitted, "if the
rivers were then navigable," but "if they were not then navigable,
the title ... remained in the United States."30 Oklahoma did not
28Oklahoma vs. Texas, decided May 1, 19g2, United States Reports, CCLVIII,
574, 591-602; Oklahoma vs. Texas, decree entered March 12, 1923, ibid., CCLXI, 346.
290klahoma vs. Texas, ibid., CCLX, 6o6, 624-626.
8OUnited States vs. Utah, April 13, 1931, in ibid., CCLXXXIII, 64, 75.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 53, July 1949 - April, 1950, periodical, 1950; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101126/m1/28/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.