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Show NORTH PLATTE RIVER LITIGATION 737 injury. The fact that on the average there is some water passing Tri-State Dam unused is no answer. While over half of that excess amount occurred in May and June, there was comparatively little in August and September. Moreover, we are dealing here with the problems of natural flow. The critical condition of the supply of the natural flow during 1931-1940 in the Whalen to Tri-State Dam section is obvious. The claim of Colorado to additional demands may not be disregarded. The fact that Colorado's proposed projects are not planned for the immediate future is not conclusive in view of the present over-appropriation of natural flow. The additional demands on the river which those projects involve constitute a threat of further depletion. Colorado in her argument here asserts that "if Jackson County is to maintain its livestock industry to the same extent as it has in the past it will have to develop this additional summer pasture and it cannot do this without increasing its irrigated acreage." What we have then is a situation where three States assert against a river, whose dependable natural flow during the irrigation season has long been over-appropriated, claims based not only on present uses but on projected additional uses as well. The various statistics with which the record abounds are inconclusive in showing the existence or extent of actual damage to Nebraska. But we know that depriva- tion of water in arid or semi-arid regions cannot help but be injurious. That was the basis for the apportionment of water made by the Court in Wyoming v. Colorado, supra. There the only showing of injury or threat of injury was the inadequacy of the supply of water to meet all appropriative rights. As much if not more is shown here. If this were an equity suit to enjoin threatened injury, the showing made by Nebraska might possibly be insufficient. But Wyoming v. Colo- rado, supra, indicates that where the claims to the water of a river exceed the supply a controversy exists appropriate for judicial deter- mination. If there wrere a surplus of unappropriated water, different considerations would be applicable. Cf. Arizona v. California, 298 U.S. 558. But where there is not enough water in the river to satisfy the claims asserted against it, the situation is not basically different from that where two or more persons claim the right to the same parcel of land. The present claimants being States, we think the clash of interests to be of that character and dignity which makes the con- troversy a justiciable one under our original jurisdiction. Colorado v. Kansas, supra, is not opposed to this view. That case turned on its special facts. It is true that an apportionment of the water of an interstate river was denied in that case. But the down- stream State (Kansas) did not sustain the burden of showing that since the earlier litigation between the States (see Kansas v. Colo- rado, 206 U.S. 46), there had been a material increase in the deple- tion of the river by Colorado. Improvements based upon irrigation had been made by Colorado while Kansas stood by for over twenty years without protest. We held that in those circumstances a plain showing was necessary of increased depletion and substantial injury to warrant a decree which would disrupt the economy of the up- stream State built around irrigation. Moreover, we made clear (320 U.S. p. 392, note 2) that we were not dealing there with a case like Wyoming v. Colorado, supra, where the doctrine of appropriation |