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Show New Mexico* and particularly the Middle Rio Grande Conservancy District, was accused of having constructed various permanent diversion dams, including the El Vado Reservoir with a capacity of 200,000 acre-feet, and with making greatly increased diversions of water upon increased acreages since the exe- cution of the Compact. « The complainant's right to this water was based upon two filings made by the Reclamation Service in the office of the State Engineer of New Mexico on January 23* 1906, for 730,000 acre-feet near Engle, and on April 8, 1908* for all of the unappropriated water of the Rio Grande for storage in the Elephant Butte Reservoir. It was likewise charged that New Mexico had not; offset such increased storage and diversions by drainage, and that the supply of the Elephant Butte Reservoir had been greatly impaired, both in quantity and quality. New Mexico joined issue on the allegations of the bill, and the matter was referred to a Special Master by the U« S» Supreme Court. Evidence was taken at a series of hearings held in the two States over a long period of time, during which Texas presented extended testimony as to the impairment; of the quality of water because of the presence of great quantities of salts deleterious to plant life. In the Summer of 1937* the hearings were temporarily suspended until the Fall of 1938. In the meantime* the representatives of the three States-? Acting upon the facts disclosed by the joint investigation of the Rio Grande Basin by the National Resources Comuittee, signed the Rio Grande Compact on March 18, 1938. The compact has been ratified by the Legislatures of the three States and has been approved by the Congress, which actions settle all questions of dispute between the States and their agencies and disposes of this interstate suit. By the terms of this agreement the waters of the Rio Grande are equit- ably apportioned between the three States, with the rights of the Republic of Mexico fully protected and considered, and "all controversies between said three states relative to the quantity or quality of the water of the Rio Grande are composed and settled." The ratification of the Compact will undoubtedly result in the dismissal of the pending litigation, and another victory will have been"chalked up" for the exponents of the Compuct method of composing differences between States. North Platte River Suit, - On October 15, 193U* the State of Nebraska, filed its bill of complainthb in the Supreme Court of the United States against the State of "Wyoming, in which Eebraska asked the Court: (1) "To require that Wyoming, in the administration of waters of thie North Platte River, should deny water to her direct-flow water users having junior priorities when water is needed by senior Nebraska ap- propriators; (2) "To require that Wyoming prevent her appropriators for storage 45viyoming vs. Colorado, 295 u« S«: 1+0- -101- |
