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Show DELAWARE RIVER LITIGATION 627 United States Army in respect to navigation and navigable waters of the United States. 6. Any of the parties hereto, complainant, defendants or intervenor, may apply at the foot of this decree for other or further action or relief and this Court retains jurisdiction of the suit for the purpose of any order or direction or modification of this Decree, or any supplemental decree that it may deem at any time to be proper in relation to the subject matter in controversy. 7. The costs of the cause shall be divided and shall be paid by the parties in the following proportions: State of New Jersey 35 percent, City of New York 35 percent, State of New York 15 percent, Common- wealth of Pennsylvania 15 percent. The Chief Justice and Mr. Justice Roberts took no part in the consideration or decision of this case. NOTES Decree.-The decree entered by the Court in this case is set forth in 283 U.S. 805. It follows in all substantial respects that outlined at the close of the opinion above. Subsequent litigation.-In a subsequent proceeding instituted by the City of New York on April 1, 1952, to procure a modification of the decree, the Court on June 7,1954 (347 U.S. 995), without render- ing an opinion, disposed of the matter as follows: "The Court, having considered the amended petition of the City of New York, joined by the State of New York, to which is appended the consent of the State of New Jersey, the answer filed by the State of New Jersey seeking affirmative relief and the answers filed by the Commonwealth of Pennsylvania and the State of Delaware, the evi- dence and exhibits adduced by the parties, the report of Kurt F. Pantzer, Esquire, Special Master, and statements from all the parties addressed to the Court expressing the intention of the parties not to file exceptions or objections to the report, and being fully advised in the premises, now enters the following order: "I. Report of Special Master Approved. The 'Report of the Spe- cial Master Recommending Amended Decree,' filed May 27, 1954, is in all respects approved and confirmed. "II. 1931 Decree Superseded. The decree of this Court entered May 25, 1931 (283 U.S. 805) is modified and amended as hereinafter provided and, upon the entry of this amended decree, the provisions of the decree of May 25, 1931, shall be of no further force and effect. "III. Diversions by the City of New York Enjoined Except as Herein Authorized. The State and City of New York are enjoined from diverting water from the Delaware River or its tributaries except to the extent herein authorized and upon the terms and conditions herein provided. "A. Authorized Diversions.- "1. W) M.G.D. The City of New York may divert from the Dela- ware River watershed to its water supply system the equivalent of 440 million gallons daily (m.g.d.) until the City completes and places in operation its reservoir presently under construction on the East Branch of the Delaware River. |
