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Show North Platte River Litigation Nebraska v. Wyoming 295 U.S. 40 (1935) Bill of complaint in an original proceeding brought by Nebraska against Wyoming to have determined the rights of the two States in the waters of the North Platte River. The defendant State filed a motion to dismiss. Mr. Justice Roberts delivered the opinion of the Court. Nebraska, by leave of court, has filed a bill of complaint against Wyoming praying ascertainment of the equitable apportionment, as between the two States, of the waters of the North Platte River, and a decree to enforce compliance with the findings in that behalf. Wyoming has presented a motion to dismiss. The allegations of the bill, in summary, are: The river, a nonnavi- gable stream, has its source in Colorado, enters and traverses Wyo- ming, crosses the state line into Nebraska and in that State unites with the South Platte to form the Platte River, which flows from the junction through Nebraska to the Missouri River, the eastern boundary of the State. Nebraska's citizens need irrigation water from the Platte above Grand Island and the North Platte; appropriation of water from these streams by her citizens began in 1882, continues to the present time, and is of large extent. Plaintiff and defendant alike recognize by their laws the doctrine that the waters of streams may be appropriated for beneficial use and that he whose appropriation is prior in time has the superior right. Appropriations of the waters of the North Platte have been made in both states. The Reclamation Act of the United States1 authorized the construction of reservoirs in Wyoming for storage of water to be used for irrigation, and the Secretary of the Interior, pursuant to the Act, applied to the state engineer of Wyoming and obtained from him permission to construct in that state reservoirs for impounding the waters of the North Platte, and to appropriate waters, and was awarded a priority date. Reservoirs of large capacity have accordingly been constructed and operated by the United States, but solely under and subject to the irrigation and appropriation laws of Wyoming. Projects completed under the Recla- mation Act are also supplied with water withdrawn from the direct flow of the North Platte, and the Bureau of Reclamation of the Department of the Interior of the United States has, pursuant to the Warren Act,2 contracted with irrigation projects having earlier 1 June 17, 1902, c. 1093. 32 Stat. 388. U.S.C. Tit. 43, §§ 372, 373, 381, 383, 391, 392, 411. 416, 419, 421, 431, 432. 434, 439, 461, 476, 491, 498. 2 Feb. 21, 1911, c. 141, 36 Stat. 925; U.S.C. Tit. 43:, §§ 523-525. 724 |