State of Wisconsin v. State of Illinois and Sanitary District of Chicago

352 U.S. 945

Opinion

Per Curiam:

In view of the emergency in navigation caused by low water in the Mississippi River, Paragraph 3 of the decree in these causes issued on April 21, 1930 [281 U. S. 696], is temporarily modified to permit the diversion to and including the 31st day of January 1957, from the Great Lakes-St. Lawrence System into the Illinois Waterway and the Mississippi River of such amount of water not exceeding an average of 8,500 cubic feet a second, in addition to domestic pumpage, as the Corps of Engineers, United States Army, shall determine will be useful in alleviating the emergency with respect to navigation currently existing without seriously interfering with navigation on the Illinois Waterway, at such times and in such amounts as the Corps of Engineers shall direct. The entry of this order shall not prejudice the legal rights of any of the parties to these causes with respect to any other diversion of the waters involved. After January 31, 1957, all provisions of the decree entered on April 21, 1930, shall remain in full force and effect until further order of this Court.

Vernon W. Thomson, Attorney General, and Roy G. Tulane, Assistant Attorney General, for the State of Wisconsin, Miles Lord, Attorney General, and Joseph J. Bright, Assistant Attorney General, for the State of Minnesota, C. William O’Neill, Attorney General, and Larry H. Snyder, Assistant Attorney General, for the State of Ohio, Herbert B. Cohen, Attorney General, and Lois G. Forer, Deputy Attorney General, for the State of Pennsylvania, Thomas M. Kavanagh, Attorney General, and Edmund E. Shepherd, Solicitor General, for the State of Michigan, and Jacob K. Javits, Attorney General, and James 0. Moore, Jr., Solicitor General, for the State of New York, complainants. Latham Castle, Attorney General, and William C. Wines, Assistant Attorney General, for the State of Illinois, and Russell W. Root and Lawrence J. Fenlon for the Metropolitan Sanitary District of Greater Chicago, defendants. John M. Dalton, Attorney General, and John W. Inglish, Assistant Attorney General, for the State of Missouri, Jo M. Ferguson, Attorney General, and M. B. Holifield and David B. Sebree, Assistant Attorneys General, for the State of Kentucky, George F. McCanless, Attorney General, and Nat Tipton, Advocate General, for the State of Tennessee, Jack P. F. Gremillion, Attorney General, for the State of Louisiana, Joe T. Patterson, Attorney General, and Dugas Shands, Assistant Attorney General, for the State of Mississippi, Tom Gentry, Attorney General, and James L. Sloan, Chief Assistant Attorney General, for the State of Arkansas, and Dayton Countryman, Attorney General, for the State of Iowa, intervening defendants.