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Show 726 INTERSTATE ADJUDICATIONS Eiver which is formed by the confluence of the North and South Platte Eivers; that the latter rises in Colorado and flows for a substantial distance through Nebraska before it joins the North Platte, and the bill fails to state anything respecting the augmentation of the flow of the Platte from the South Platte, which increment should be con- sidered in ascertaining the amount of the waters contributed by the North Platte to which these users are entitled as against users in Wyoming. It is said the plaintiff's failure to mention the contribu- tion of the South Platte or to signify a willingness that the water this stream supplies to the Platte shall be taken into account, is a failure to tender equity, and requires a dismissal of the suit. We think the position is not well taken. The bill states "that in the drainage basin of the said Platte and North Platte Eivers, between the said state line dividing the State of Nebraska from the State of Wyoming, and the city of Grand Island, Nebraska, there are no tributaries of the said North Platte and Platte Eivers supplying any substantial amount of water. . . ." If the fact be otherwise Wyoming may tra- verse this allegation and thus make it an issue to be determined with proper regard to such proofs as may be produced respecting the supply from the South Platte. We think no sufficient ground appears for dismissing the bill. The motion is denied, and the defendant will be given sixty days ¦within which to answer the bill. Nebraska v. Wyoming 325 U.S. 589 (1945) Bill iist equity by Nebraska against Wyoming (in which Colorado was impleaded as a defendant and the United States was granted leave to intervene) seeking an equitable apportionment of the water of the North Platte Eiver and an injunction restraining alleged wrong- ful diversions. Mr. Justice Douglas delivered the opinion of the Court. Nebraska brought this suit in 1934 against Wyoming, invoking our original jurisdiction under Article III, § 2 of the Constitution. 293 U.S. 523. Colorado was impleaded as a defendant. 296 U.S. 553. The United States was granted leave to intervene. 304 U.S. 545. Issues were joined. A Special Master, Honorable Michael J. Doherty, was appointed and hearings were held before him. The matter is before us on exceptions to his report. The controversy pertains to the use for irrigation purposes of the water of the North Platte Eiver, a non-navigable stream. Nebraska alleged that Wyoming and Colorado by diversions of water from the river for irrigation purposes were violating the rule of priority of appropriation in force in the three States and depriving Nebraska of water to which she was equitably entitled. The prayer was for a determination of the equitable share of each State in the water and of the priorities of all appropriations in both States, and for an in- junction restraining the alleged wrongful diversions. Wyoming de- |
