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Show CONNECTICUT RIVER LITIGATION 621 Connecticut maintains that the presently proposed diversion will not be adequate for the future needs of the Boston district and that the size and character of the works as well as legislative reports and other circumstances disclose an intention on the part of Massachusetts, when the need shall arise, to draw from other rivers-Millers, Deer- field, Quaboag, and Westfield-tributary to the Connecticut and in- sists that the decree should restrain Massachusetts forever from in- creasing its diversion to an amount in excess of what the Secretary of War has already indicated would cause no damage to the naviga- tion of the Connecticut. The scope of the project is that shown by the Acts as limited by the determination of the War Department. It involves no diversion from streams other than the Ware and Swift. Massachusetts de- clares that she intends to and must obey these findings of the War Department. Her statements before the master and here clearly negative any threat, intention or purpose to make any diversion of water in excess of that specified or otherwise than as set forth in the determinations of the War Department. Injunction issues to prevent existing or presently threatened injuries. One will not be granted against something merely feared as liable to occur at some indefinite time in the future. New York v. Illinois, supra. New Jersey v. Sargent, supra. Connecticut's bill of complaint will be dismissed without prejudice to her right to maintain a suit against Massachusetts whenever it shall appear that substantial interests of Connecticut are being in- jured through a material increase of the amount of the waters of the Ware and Swift diverted by or under the authority of Massa- chusetts over and above the quantities authorized by the Act of 1926 and 1927 as heretofore limited by the War Department. Each party will pay its own costs, one-half of the expenses incurred by the special master and one-half the amount to be fixed by the Court, as his compensation. Counsel for Massachusetts will prepare a form of decree in con- sonance with this decision and furnish a copy to counsel for Con- necticut within fifteen days; and, within ten days after such sub- mission, the draft decree together with suggestions in behalf of Con- necticut, if any, will be submitted to the Court. DECREE (Entered March 23, 1931; 283 U.S. 789) This cause came on to be heard upon the pleadings, evidence, and the exceptions filed by the complainant to the Report of the Special Master, and was argued by counsel. The Court now being fully ad- vised in the premises and ior the purpose of carrying into effect the conclusions set forth in the opinion of this Court announced February 24, 1931, It is now hereby ordered, adjudged and decreed as follows: First that the Bill of Complaint herein be and the same hereby is, dismissed without prejudice to the right of the complainant to main- tain a further suit against the defendant at any time in the future when it shall appear that substantial interests of the State of Connecticut |