Nebraska v. Wyoming, 507 U.S. 584, 8 (1993)

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Cite as: 507 U. S. 584 (1993)

Opinion of the Court

XIII, Nebraska obtained leave to file its petition on the assurance that the case would involve only enforcement of existing rights. In Wyoming's view, Nebraska subsequently, and improperly, transformed the case into a request for recognition of new rights—in essence, into a request for another equitable apportionment. If Nebraska is allowed to argue for modification of the decree, Wyoming and amicus Basin maintain, the same high evidentiary threshold applicable to claims for new apportionments applies. Under that standard, Nebraska can prevail only upon proof "by clear and convincing evidence" of "some real and substantial injury or damage." Idaho ex rel. Evans v. Oregon, 462 U. S. 1017, 1027 (1983). Accord, Colorado v. Kansas, 320 U. S. 383, 393 (1943); Connecticut v. Massachusetts, 282 U. S. 660, 669 (1931).

We do not read the pleadings as narrowly as does Wyoming. Nebraska's petition and supporting briefs do contain ambiguous language. See, e. g., Petition for an Order Enforcing Decree and for Injunctive Relief 2 (Oct. 6, 1986) (hereinafter Petition) (alleging that Wyoming's actions violate the apportionment already "established in the Decree"); Reply to Wyoming's Brief in Opposition to Motion for Leave to File Petition 2 (Jan. 14, 1987) ("We do not propose to litigate anything new, but simply to protect what the Court has already decided"). But Nebraska also expressly invoked Paragraph XIII, and particularly subparagraphs (c) and (f). See Petition 3. As we have said, the Court in those sections retained jurisdiction to modify the decree to answer unresolved questions and to accommodate "change[s] in conditions"—a phrase sufficiently broad to encompass not only changes in water supply, see, e. g., Nebraska v. Wyoming, 325 U. S., at 620, but also new development that threatens a party's interests. Furthermore, nothing would prevent Nebraska from submitting a new petition if we deemed the original one deficient. We therefore decline the invitation, at this late date, to restrict the scope of the litigation

591

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