OCR Text |
Show LARAMIE RIVER LITIGATION 701 permitting the diversion of 12,673 acre feet in excess of the aggregate amount allowed to Colorado? despite Wyoming's protest. That there was this excessive diversion is not controverted. Colorado insists that Wyoming has not been injured. But such a de- fense is not admissible. After great consideration, this Court fixed the amount of water from the Laramie river and its tributaries to which Colorado was entitled. Colorado is bound by the decree not to permit a greater withdrawal and, if she does so, she violates the decree and is not entitled to raise any question as to injury to Wyoming when the latter insists upon her adjudicated rights. If nothing further were shown, it would be our duty to grant the petition of Wyoming and to adjudge Colorado in contempt for her violation of the decree. But Colorado insists that the diversion of more than the allocated total during the season of 1939 was with Wyoming's acquiescence. That is the sole available defense. To support it, Colorado has pre- sented affidavits showing communications between an association of meadow-land appropriators and the special hydrographer of Wyoming and also stating that at a conference in the office of the Governor of Colorado on July 1,1939, the officers of Wyoming said that they had no objection to continued diversions being made through the meadow- lands ditches for the reason that a great portion of the water so di- verted returned to the Laramie river to be used downstream by Wyo- ming appropriators. Wyoming presents affidavits to the contrary, setting forth her demands. It is unnecessary to review in detail the points in controversy. In the light of all the circumstances, we think it sufficiently appears that there was a period of uncertainty and room for misunderstanding which may be considered in extenuation. In the future there will oe no ground for any possible misapprehension based upon views of the effect of the meadowland diversions or other- wise with respect to the duty of Colorado to keep her total diversions from the Laramie river and its tributaries within the limit fixed by the decree. For the reasons stated, the petition of Wyoming is denied, the costs to be equally divided. Petition denied. Wyoming v. Colorado 353 U.S. 953 (1957) Upon consideration of the joint motion of counsel for the parties in this case to vacate the former decree (259 U.S. 496; 260 U.S. 1 [pp. 688f ante]), it is ordered that the joint motion be, and it is hereby granted and the former decree, as amended, is vacated and a new decree is entered to read as follows: "It Is Ordered, Adjudged and Decreed that: "I. The State of Colorado, or anyone recognized by her as duly entitled thereto, shall have the right to divert from the Laramie river and its tributaries, for use in the State of Colorado, 49,375 acre-feet of water in each calendar year, which diversion and use shall be sub- ject to the limitations and restrictions hereinafter set forth. The State of Wyoming, or anyone recognized by her as duly entitled thereto, shall have the right to divert and use all water flowing and remaining |