Nebraska v. Wyoming

515 U.S. 1, 115 S. Ct. 1933, 132 L. Ed. 2d 1, 1995 U.S. LEXIS 3640
Supreme Court of the United States·Decided May 30, 1995·No. 108 ORIG·Published·Cited by 58 cases

Opinions

Justice Souter

delivered the opinion of the Court.

Since 1945, a decree of this Court has rationed the North Platte River among users in Wyoming, Nebraska, and Colorado. By petition in 1986, Nebraska again brought the matter before us, and we appointed a Special Master to conduct the appropriate proceedings. In his Third Interim Report on Motions to Amend Pleadings (Sept. 9, 1994) (hereinafter Third Interim Report), the Master has made recommendations for rulings on requests for leave to amend filed by Nebraska and Wyoming. We now have before us the parties’ exceptions to the Master’s report, each of which we overrule.

HH

The North Platte River is a nonnavigable stream rising m northern Colorado and flowing through Wyoming into Nebraska, where it joins with the South Platte to form the Platte River. In 1934, Nebraska invoked our original jurisdiction under the Constitution, Art. Ill, §2, cl. 2, by suing Wyoming for an equitable apportionment of the North Platte. The United States had leave to intervene, Colorado was impleaded as a defendant, and the ensuing litigation cul[5]*5minated in the decision and decree in Nebraska v. Wyoming, 325 U. S. 589 (1945) (Nebraska I).

We concluded that the doctrine of prior appropriation should serve as the general “guiding principle” in our allocation of the North Platte’s flows, id., at 618, but resisted an inflexible application of that doctrine in rendering four principal rulings. Ibid. First, we enjoined Colorado and Wyoming from diverting or storing water above prescribed amounts, meant to reflect existing uses, on the river’s upper reaches. Id., at 621-625, 665-666. Second, we set priorities among Wyoming canals that divert water for the use of Nebraska irrigators and federal reservoirs, also in Wyoming, that store water for Wyoming and Nebraska irrigation districts. Id., at 625-637, 666-667. Third, we apportioned the natural irrigation-season flows in a stretch of river that proved to be the principal focus of the litigation (the “pivotal reach” of 41 miles between the Guernsey Dam in Wyoming and the Tri-State Dam in Nebraska), allocating 75 percent of those flows to Nebraska and 25 percent to Wyoming. Id., at 637-654, 667-669. Finally, we held that any party could apply for amendment of the decree or for further relief. Id., at 671 (Decree Paragraph XIII). With the parties’ stipulation, the decree has since been modified once, to account for the construction of the Glendo Dam and Reservoir. Nebraska v. Wyoming, 345 U. S. 981 (1953).

Nebraska returned to this Court in 1986 seeking additional relief under the decree, alleging that Wyoming was threatening its equitable apportionment, primarily by planning water projects on tributaries that have historically added significant flows to the pivotal reach. We granted Nebraska leave to file its petition, 479 U. S. 1051 (1987), and allowed Wyoming to file a counterclaim, 481 U. S. 1011 (1987).

Soon thereafter, Wyoming made a global motion for summary judgment, which the Master in his First Interim Report recommended be denied. See First Interim Report of Special Master, O. T. 1988, No. 108 Orig. After engaging [6]*6in discovery, Nebraska, Wyoming, Colorado, and the United States all filed further summary judgment motions. In his Second Interim Report, the Master recommended that we grant the motions of the United States and Nebraska in part, but that we otherwise deny summary relief. See Second Interim Report of Special Master on Motions for Summary Judgment and Renewed Motions for Intervention, O. T. 1991, No. 108 Orig. We overruled the parties’ exceptions. Nebraska v. Wyoming, 507 U. S. 584 (1993) (Nebraska II).

Nebraska and Wyoming then sought leave to amend their pleadings, and we referred those requests to the Master. The Amended Petition that Nebraska seeks to file contains four counts. Count I alleges that Wyoming is depleting the natural flows of the North Platte and asks for an injunction against constructing storage capacity on the river’s tributaries and “permitting unlimited depletion of groundwater that is hydrologically connected to the North Platte River and its tributaries.” App. to Third Interim Report D-2 to D-7. Count II alleges that the United States is operating the Glendo Reservoir in violation of the decree and seeks an order holding the United States to the decree. Id., at D-7 to D-8. Count III alleges that Wyoming water projects and groundwater development threaten to deplete the Laramie River’s contributions to the North Platte, and asks the Court to “specify that the inflows of the Laramie River below Wheatland are a component of the equitable apportionment of the natural flows in the [pivotal] reach, 75% to Nebraska and 25% to Wyoming, and [to] enjoin the State of Wyoming from depleting Nebraska’s equitable share of the Laramie River’s contribution to the North Platte River_” Id., at D-8 to D-12. Count IV seeks an equitable apportionment of the North Platte’s nonirrigation season flows. Id., at D-12 to D-16. The Master recommended that we allow Nebraska to substitute the first three counts of its Amended Petition for its current petition, but that we deny leave to file Count IV. Neither Nebraska nor the United States has [7]*7excepted to the Master’s recommendation, whereas Wyoming has filed three exceptions, set out in detail below.

Wyoming proposes to amend its pleading with four counterclaims and five cross-claims. The First Counterclaim and Cross-Claim allege that Nebraska and the United States have failed to recognize beneficial use limitations on diversions by Nebraska canals, and that Nebraska (with the acquiescence of the United States) has violated the equitable apportionment by demanding natural flow and storage water from sources above Tri-State Dam and diverting them for use below Tri-State Dam. App. to Third Interim Report E-3 to E-6, E-8 to E-10. Wyoming’s Second and Third Counterclaims and Cross-Claims seek enforcement or modification of Paragraph XVII of the decree, which deals with the operation of the Glendo Reservoir and is also the subject of Count II of Nebraska’s Amended Petition. Id., at E-6 to E-7, E-10 to E-ll. By its Fourth Counterclaim and Fifth Cross-Claim, Wyoming asks the Court to modify the decree to leave the determination of carriage (or transportation) losses to state officials under state law. Id., at E-7 to E-8, E-12. Finally, Wyoming’s Fourth Cross-Claim alleges that the United States has failed to operate its storage reservoirs in accordance with federal and state law and its own storage water contracts, thus upsetting the very basis of the decree’s equitable apportionment. Id., at E-ll to E-12.

The Master recommended that we allow Wyoming to substitute its Second through Fourth Counterclaims and its Second through Fifth Cross-Claims for its current pleadings, but that we deny leave to file Wyoming’s First Counterclaim and Cross-Claim insofar as they seek to impose a beneficial use limitation on Nebraska’s diversions of natural flow. The United States and Nebraska except to the recommendation to allow Wyoming to file its Fourth Cross-Claim. Wyoming excepts to the Master’s recommended disposition of its First Counterclaim and Cross-Claim.

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Nebraska v. Wyoming, 515 U.S. 1, 115 S. Ct. 1933, 132 L. Ed. 2d 1, 1995 U.S. LEXIS 3640 (1995).

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