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Show 59 Thus did Mr. Justice Holmes characterize the Supreme Court's objective in disposing of complex controversies over waters of interstate streams in suits between states. The Constitution of the United States provides that: m The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Moreover, the Supreme Court has original and exclusive juris- diction of "All controversies between two or more States."268 The Court has passed upon a number of water controversies between states, most of them involving disputes concerning the diversion and use of water from interstate streams.259 Disposi- tion of these controversies has been based upon the principles of equitable apportionment. On the basis of equality of rights, this doctrine fits the decision to the facts of the controversy, without adherence to any particular formula. The doctrine stems from the 1907 opinion in Kansas v. Colorado.260 Kansas claimed the right to have the water of the Arkansas River flow into Kansas undiminished in quantity and unim- paired in quality.261 On the other hand, Colorado denied that it had in any substantial manner diminished the flow of the Arkansas River into Kansas.262 The Court found that, while Colorado had diminished the flow into Kansas by appro- priation for irrigation purposes, the result had been reclamation of large areas in Colorado, and that the ensuing diminution in 287 U. S. Const., Art. Ill, § 1. 268 Act of June 25, 1948, § 1, 62 Stat. 869, 927, 28 U. S. C. 1251 (a) (1) and note following (Supp. Ill); U. S. Const., Art. Ill, § 2. 258Other disputes include: alleged interference with navigation-South Carolina v. Georgia, 93 U. S. 4 (1876) and Wisconsin v. Illinois, 278 U. S. 367 (1929), 281 U. S. 179 (1930) ; alleged pollution-Missouri v. Illinois, 180 U. S. 208 (1901), 200 U. S. 496 (1906) and New York v. New Jersey, 249 U. S. 202 (1919), 256 U. S. 296 (1921) ; alleged flood damage-North Dakota v. Minnesota, 256 U. S. 220 (1921), 263 U. S. 365 (1923). 890 206 U. S. 46 (1907). tei 206 U. S. at 50-52. 282 206 U.S. at 66. |