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Show GREAT LAKES LITIGATION 659 (B) Wiscomin v. Illinois^ 309 U.S. 569 (1940), 311 U.S. 107 (1940), 313 U.S. 547 (1941)-In this proceeding, the State of Illinois sought "a temporary modification of the [1930] decree so as to permit an increase of the diversion to not more than 5,000 cubic feet per second, in addition to domestic pumpage, until December 31, 1942." It did so "not on 'behalf of the City of Chicago or the Sanitary District, but at the instance of certain communities bordering on the Illinois Water- way, including Lockport and Joliet," on the ground "that the system for sewage treatment has not yet been completed and will not be com- pleted until the end of the year 1942, and that, in consequence, through the introduction of untreated sewage into the streams, an 'obnoxious, noisome, filthy, unsanitary and dangerous condition to public health' exists along the Sanitary District Canal and the Illinois Waterway." In considering the initial application, the Court said (309 U.S. at 571): "The State of Illinois has failed to show that it has provided all possible means at its command for the completion of the sewage treatment system as required by the decree as specifically enlarged in 1933 (289 U.S. 395, 710). No adequate excuse has been presented for the delay. Nor has the State submitted appropriate proof that the conditions complained of constitute a menace to the health of the inhabitants of the complaining communities or that the State is not able to provide suitable measures to remedy or ameliorate the alleged conditions without an increase in the diversion of water from Lake Michigan in violation of the rights of the complainant States as adjudged by this Court. "In order, however, that the Court may be satisfied as to the actual condition of the Illinois Waterway by reason of the introduction of untreated sewage, and as to the actual effect, if any, of that condition upon the health of the inhabitants of the complaining communities, and also with respect to the feasibility of remedial or ameliorating measures available to the State of Illinois without an increase in the diversion of water from Lake Michigan, the Court appoints a Special Master to make a summary inquiry as to such condition, effect and measures, and to report to this Court with all convenient speed." Upon the coming in of the Special Master's report dated March 31, 1941, and after consideration of the exceptions to it, the Court over- ruled the exceptions, confirmed the report, and dismissed the petition of Illinois, without rendering an opinion (313 U.S. 547 (1941)). The Special Master's principal conclusion was that "The actual condition of the Illinois Waterway by reason of the introduction of untreated sewage creates in the summer months a nuisance through offensive odors at Joliet and Lockport, but does not present a menace to health. No nuisance conditions were proven to exist along the Waterway at any other points" (p. 140). He also reported on various possible "remedial or ameliorating measures available to the State of Illinois without any increase in the diversion of water from Lake Michigan," finding with respect to most of them that they would be ineffective, im- possible, or of uncertain value and concluding, in effect, that "If relief is denied for the years 1941 and 1942 [1940 having already passed], the authorities of the Sanitary District may be spurred to increased ef- forts in the treatment of Chicago sewage" (p. 113). |