Cite as: 515 U. S. 1 (1995)
Syllabus
In excepting to the Master's recommendation that the claim go forward, Wyoming asserts that Nebraska's failure to regulate groundwater pumping within its own borders precludes Nebraska from seeking pumping limitations in Wyoming. However, Wyoming alleges no injury to its interests caused by the downstream pumping, and the effect that any such injury would have on the relief Nebraska is seeking is a question for trial. Pp. 14-15.
(f) Both the United States and Nebraska take exception to the recommendation that Wyoming's Fourth Amended Cross-Claim—which alleges that federal management of reservoirs has contravened state and federal law as well as contracts governing water supply to individual users—be allowed to proceed. Although the 1945 decree did not apportion storage water, a predicate to that decree was that the United States adhered to beneficial use limitations in administering storage water contracts. Wyoming's assertion that the United States no longer does so, and that this change has caused or permitted significant injury to Wyoming interests, states a serious claim that ought to go forward. This claim arises from the decree, and thus cannot be vindicated in district court litigation between individual contract holders and the United States. Nor is it likely that this proceeding will be overwhelmed by the intervention of individual storage contract holders. Since a State is presumed to speak for its citizens, requests to intervene will be denied absent a showing, unlikely to be made here, of some compelling interest not properly represented by the State. Pp. 15-22.
Exceptions overruled.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Scalia, Kennedy, Ginsburg, and Breyer, JJ., joined, and in Parts I, II, and III of which Thomas, J., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, post, p. 23.
Richard A. Simms, Special Assistant Attorney General of Nebraska, argued the cause for plaintiff. With him on the briefs were Don Stenberg, Attorney General, Marie C. Pawol, Assistant Attorney General, James C. Brockmann, and Jay F. Stein.
Dennis C. Cook, Special Assistant Attorney General, argued the cause for defendant State of Wyoming. With him on the briefs were Joseph B. Meyer, Attorney General, Larry Donovan, Senior Assistant Attorney General, Donald
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