OCR Text |
Show Connecticut River Litigation Connecticut v. Massachusetts 282 U.S. 660 (1931) Final Hearing of an original suit upon exceptions to the report of the Special Master. Mr. Justice Butler delivered the opinion of the Court. The State of Connecticut brought this suit against the Common- wealth of Massachusetts to enjoin her from diverting waters from the watershed of the Connecticut river to provide water for Boston and neighboring cities and towns. Legislation of Massachusetts authorizes diversion into the Wachu- sett reservoir of the flood waters of the Ware river, c. 375, Laws 1926, and of certain waters of the Swift river, c. 321, Laws of 1927. The watersheds of these rivers are about midway between the Boston dis- trict and the westerly boundary of the Commonwealth. They are trib- utaries of the Chicopee; all are non-navigable streams wholly within Massachusetts/The Chicopee empties into the Connecticut just above Springfield. The latter rises in Canada and northern New Hampshire. It flows between New Hampshire and Vermont through Massachusetts and Connecticut into Long Island Sound. It is about 345 miles long and drains 11,300 square miles of which 1,385 are in Connecticut. The complaint alleges: Connecticut and Massachusetts recognize the common law doctrine that riparian owners have the right to the undiminished flow of the stream free from contamination or burden upon it. Connecticut ap- pears as owner of riparian lands and of the bed of the river and as parens patriae. The proposed diversion will take water tributary to the Connecticut entirely out of its watershed, will impair navigability of that stream, will take flood waters and thereby cause damage to agricultural lands that are subject to yearly inundation. The Connecti- cut is now heavily burdened with offensive matter put into the river in Massachusetts and requires all the water that naturally comes down the river to prevent it from becoming a nuisance and menace to public health. The diversion will destroy property of Connecticut and of its inhabitants without due process of law and cause injury for which there is no adequate remedy at law. The diversion presently proposed is only a portion of that covered by the plan adopted by Massachusetts which includes the acquisition of the waters of other tributaries of the Connecticut. By its answer and amendments thereto Massachusetts denies that the proposed diversion will cause any injury or damage, and avers that the amount of water to be taken is negligible when compared with 615 |