586
Syllabus
serious enough to warrant such a modification, summary judgment should be granted to Wyoming. Pp. 596-598. (d) Wyoming's motion for summary judgment on Nebraska's challenge to a proposed new storage reservoir on Deer Creek is denied. It is unclear whether decree Paragraph X exempts from further review Wyoming's diversion of North Platte water for ordinary and usual municipal use. The Court need not adopt a definitive interpretation of Paragraph X, because the Deer Creek Project may not qualify as such a use. Furthermore, proof that the project will cause Nebraska substantial injury—which is necessary because the decree does not currently restrict Wyoming's use of Deer Creek, and a new injunction would constitute a modification of the decree—may depend on the way Wyoming administers the project, particularly with regard to its priority with the Inland Lakes. Pp. 599-601. (e) Although most of Wyoming's, Nebraska's, and Colorado's requested rulings with respect to the below Tri-State issues are too theoretical and insufficiently developed to be susceptible of summary resolution at this time, partial summary judgment is granted to Nebraska on its request for a determination that the decree does not impose absolute ceilings on diversions by canals taking in the pivotal reach. Decree Paragraph V, which sets forth the apportionment of the pivotal reach, makes no mention of diversion ceilings and expressly states that Nebraska is free to allocate its share among its canals as it sees fit. Similarly, although Paragraph IV limits the extent to which Nebraska canals diverting in the pivotal reach may stop federal reservoirs in Wyoming from storing water, it does not place any restrictions on the quantities of water those canals may actually divert. Pp. 602-603.
Motions for leave to intervene denied, motions for summary judgment granted in part and denied in part, and exceptions to Special Master's Interim Reports overruled.
O'Connor, J., delivered the opinion for a unanimous Court.
Dennis C. Cook, Senior Assistant Attorney General, argued the cause for defendant State of Wyoming. With him on the briefs were Joseph B. Meyer, Attorney General, and Raphael J. Moses, Charles N. Woodruff, and James R. Montgomery, Special Assistant Attorneys General. Gale A. Norton, Attorney General, argued the cause for defendant State of Colorado. With her on the brief were Raymond T. Slaughter, Chief Deputy Attorney General, Timothy
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007