All navigable rivers, within the territory occupied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. (R.S. § 2476.) Editorial Notes Codification R.S. § 2476 derived from acts May 18, 1796, ch. 29, § 9, 1 Stat. 468 ; Mar. 3, 1803, ch. 27, § 17, 2 Stat. 235 .