Nebraska v. Wyoming, 515 U.S. 1, 9 (1995)

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Cite as: 515 U. S. 1 (1995)

Opinion of the Court

at 590-593, where we concluded that this litigation is not restricted "solely to enforcement of rights determined in the prior proceedings," id., at 592. To the contrary, we observed that in Paragraph XIII of the decree, we had 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, . . . but also new development that threatens a party's interests." Id., at 591, citing Nebraska I, 325 U. S., at 620. The parties may therefore not only seek to enforce rights established by the decree, but may also ask for "a reweighing of equities and an injunction declaring new rights and responsibilities . . . ." 507 U. S., at 593. We made it clear, however, that while "Paragraph XIII perhaps eases a [party's] burden of establishing, as an initial matter, that a claim [for modification] is 'of that character and dignity which makes the controversy a justiciable one under our original jurisdiction,' " ibid., quoting Nebraska I, supra, at 610, the "[party] still must make a showing of substantial injury to be entitled to relief," 507 U. S., at 593.

We think the Master appreciated these conclusions about the scope of this litigation when he assessed the proposed amendments to pleadings to see whether they sought enforcement of the decree or plausibly alleged a change in conditions sufficient to justify its modification. See Third Interim Report 33-36. The parties, of course, do not wholly agree with us, as they indicate by their exceptions, to which we turn.

III

A

Wyoming's First Amended Counterclaim alleges that "Nebraska has circumvented and violated the equitable apportionment by demanding natural flow water for diversion by irrigation canals at and above Tri-State Dam in excess of the beneficial use requirements of the Nebraska lands entitled to

9

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