Nebraska v. Wyoming, 507 U.S. 584, 5 (1993)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

588

NEBRASKA v. WYOMING

Opinion of the Court

589, 592-599. In 1934, Nebraska, invoking this Court's original jurisdiction under Article III, § 2, of the Constitution, brought an action against Wyoming seeking an equitable apportionment of the North Platte. Colorado was impleaded as a defendant, and the United States intervened. After 11 years of litigation, the Court imposed restrictions on storage and diversion by the upstream States, 325 U. S., at 621-625, established priorities among federal storage reservoirs and certain canals, id., at 625-637, and apportioned the so-called "pivotal" reach of the North Platte between Whalen, Wyoming, and the Tri-State Dam. The natural irrigation-season flows in that section of the river were apportioned 75% to Nebraska and 25% to Wyoming. Id., at 637-654.

The Court directed the parties to formulate a decree to implement its decision. See id., at 657. The resulting decree included a "reopener" provision, Paragraph XIII, that states, in relevant part:

"Any of the parties may apply at the foot of this decree for its amendment or for further relief. The Court retains jurisdiction of this suit for the purpose of any order, direction, or modification of the decree, or any supplementary decree, that may at any time be deemed proper in relation to the subject matter in controversy. Matters with reference to which further relief may hereafter be sought shall include, but shall not be limited to, the following:

. . . . . "(c) The question of the effect of the construction or threatened construction of storage capacity not now existing on tributaries entering the North Platte River between Pathfinder Reservoir and Guernsey Reservoir;

. . . . . "(f) Any change in conditions making modification of the decree or the granting of further relief necessary or appropriate." Id., at 671-672.

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007