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Show 746 INTERSTATE ADJUDICATIONS promises to disturb the delicate balance of the river, application may be made at the foot of the decree for an appropriate restriction. Pathfinder, Guernsey, Seminoe and Alcova Reservoirs and the Cas- per Canal. The Special Master recommends that Wyoming be en- joined from the storage of water in these four reservoirs and from the diversion of natural flow water through the Casper Canal for the Ken- drick Project, between and including May 1 and September 30 of each year, otherwise than in accordance with the rule of priority in rela- tion to the appropriations of the Nebraska lands supplied by the French Canal and by the State Line Canals; that all those Nebraska appropriations for that purpose be adjudged senior to those four reser- voirs and to Casper Canal; and that the senior Nebraska appropria- tions be identified and defined as follows: Limitation in Seasonal Limi- Lands Canal Second Feet tation in Acre Feet Tract of 1,025 acres________..............._____French,...................____ 15 2,227 Mitchell Irrigation District.............__________Mitchell.............._________ 195 35,000 Gering Irrigation District................._______Gering........________________ 193 36,000 Farmers Irrigation District......_____...........Tri-State______________________ 748 183,050 Ramshorn Irrigation District____.................Ramshorn...............______ 14 3,000 We have noted the priorities of Pathfinder and Guernsey, as well as those of the Kendrick Project. We have noted that their priorities make them junior to many downstream appropriators including the State Line Canals. While the four reservoirs in question are Wyo- ming appropriators, Pathfinder and Guernsey were designed more for the benefit of Nebraska than of Wyoming lands. Recognition of the priorities interstate makes obvious the propriety of an interstate apportionment. Wyoming objects to this treatment of the Kendrick Project. As we have said, she contends for a mass allocation of water between Ne- braska and Wyoming under which a diversion requirement of 168,000 acre feet should be allotted for the Kendrick Project. Wyoming has presented a detailed analysis of the water supply of the river on the basis of which it is argued that the flow during the period since 1930 is not the true measure of the dependable supply. It is urged that the long-time averages must be considered in computing the dependable supply and if they are and if the storage capacity of these reservoirs is added to the natural flow, the dependable supply will be increased. Moreover, Wyoming argues that no allocation can be made to indi- vidual appropriators in any of the States because they are not parties and cannot be bound in their absence. We have carefully considered these contentions of Wyoming and have concluded that they do not warrant a departure from the method of allocation proposed by the Special Master. On the record before us we are not justified in assuming that there will be a greater supply than has been available during the 1931-1940 period. To base the decree on a larger supply would not be to base it on a dependable sup- ply. Under those conditions Kendrick can store no water. Even with reservoir regulation we are not convinced that Wyoming has shown an adequate supply to justify the allocation she seeks. The combined storage capacity of the North Platte and Kendrick projects is equal to |