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Show NORTH PLATTE RIVER LITIGATION 727 nied the diversion or use of any water to which Nebraska was equitably entitled but joined in the prayer of Nebraska for an equitable appor- tionment. Colorado filed an answer, together with a cross-bill against Nebraska and Wyoming, which denied any use or threatened use of the water of the North Platte beyond her equitable share, and prayed for an equitable apportionment between the three States, excepting only the tributary waters of the South Platte and Laramie rivers.1 At the conclusion of Nebraska's case and again after all the evidence was in, Colorado moved to dismiss the suit on the ground that the evidence was insufficient to sustain any judgment in favor of, or against, any party. Colorado argues here that there should be no affirmative relief against her and that she should be dismissed from the case. The North Platte River rises in Northern Colorado in the moun- tainous region known as North Park.2 It proceeds in a northerly direction on the east side of the Continental Divide, enters Wyoming west of Cheyenne, and continues in a northerly direction to the vicin- ity of Casper. There it turns east across the Great Plains and pro- ceeds easterly and southerly into and across Nebraska. About 40 miles west of the Nebraska line it is joined by the Laramie River. At North Platte, Nebraska., it is joined by the South Platte, forming the Platte River. It empties into the Missouri River at Plattsmouth, near the western border of Iowa. In North Park it is a rapid moun- tain stream. In eastern Wyoming it gradually broadens out, losing velocity. In western and central Nebraska its channel ranges from 3000 to 6000 feet; it frequently divides into small channels; and in times of low water is lost in the deep sands of its bed. Here it is sometimes characterized as a river "two miles wide and one inch deep." There are six natural sections of the river basin: (1) North Park, Colorado, or more accurately Jackson County; (2) Colorado-Wyo- ming line to the Pathfinder Reservoir located between Rawlins and Casper, Wyoming; (3) Pathfinder Reservoir to Whalen, Wyoming, which is 42 miles from the Nebraska line; (4) Whalen, Wyoming to the Tri-State Dam in Nebraska near the Wyoming-Nebraska line; (5) Tri-State Dam to the Kingsley Reservoir, west of Keystone, Nebraska; (6) Kingsley Reservoir to Grand Island, Nebraska.3 1 The waters of the South Platte and the Laramie were previously apportioned-the former between Colorado and Nebraska by compact (44 Stat 195), the latter between Colorado and Wyoming by decree. Wyoming v. Colorado, 259 U. S. 496. Those apportion- ments are in no way affected by the decree in this case. 2 Approximate length of the North Platte: Colorado ________________________________________ 70 miles Wyoming ________________________________________435 miles Nebraska (to North Platte)_________________________180 miles Drainage area of the North Platte, exclusive of the Laramie River: Colorado ______________________________ 1, 630 sq. mi. 6% Wyoming _____________________________17, 540 sq. mi. 63% Nebraska __________.___________________ 8,730 sq. mi. 31% Total ___________________________27, 900 sq. mi. » The average annual contributions from 1895 to 1939 to the water of the North Piatte were computed byjthe Special Master as follows: North Park________......................................______....... 635,100 acre feet Wyoming state line to Pathfinder....................._____......________1,059,240 acre feet Pathfinder to Whalen_____..........................________.......... 390,000 acre feet Whalen to Tri-State Dam..................______........................ 281,940 acre feet Tri-State Dam to Kingsley.........................____________........1,027,890 acre feet Kingsley to Grand Island............................................... 308,200 acre feet By States the contributions were as follows: Colorado.............................................................. 819,220 acre feet 21% Wyoming............................................................. 1,731,600 acre feet 45% Nebraska............................................................. 1,336,090 acre feet 34% |