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Show 768 INTERSTATE ADJUDICATIONS "Another apparent demonstration of the importance of the part played by irrigation in the economic development of western Nebraska may be seen in its exhibits 433 and 434, in which the growth of popu- lation in eight counties in which irrigation has been practiced is com- pared with that of six counties without irrigation, the latter lying immediately east and south of the irrigated group. The first or irri- gated group of counties shows an increase in population in the 40-year period between 1890 and 1930 of 131 per cent. The second, the non- irrigated group, for the same period shows a population loss of three per cent. No attempt, however, is made to attribute this lack of growth in the second group to anything done in Wyoming or Colorado." Again the Master says: "It is of course obvious in general and without any detaiJed proof that in an arid or semi-arid country deprivation of water for irri- gation in time of need cannot be otherwise than injurious to the area deprived. The weakness, if such there be, in Nebraska's proof is uncer- tainty as to the extent of any invasion of her equitable share except as measured by diversions 'out of priority' and uncertainty as to the extent of her injury consequent upon the alleged violation of her equitable rights, except as measured by the dollar value assigned to water lost to her through such diversions. If to sustain her burden of proof Nebraska must establish not only violations of her priorities or infringement otherwise on her equitable share by the other States, but also that as a result she has suffered injury of great magnitude in the broad sense of serious damage to her agriculture or industries or observable adverse effects upon her general economy, prosperity or population, then her proof has failed, for there is no clear evidence of any of these things. (Italics in Master's report.) Further the Master finds: "Another factor favoring Nebraska is that there will commonly be accidental water in substantial quantities passing the state line above that allocated to the State. Even during the dry cycle and with no restriction on Wyoming uses, the usable water passing Tri-State Dam averaged in the May-September period 81,700 acre-feet. More than half of this flow, however, occurred in May and June with compara- tively little in August and September. The quantity is perhaps too uncertain to be considered of great importance. It is a minor factor in the balancing of equities between the States." Thus it is apparent that of the very natural flow of water with which the Master is dealing some of it went to waste in the area he consid- ered critical. In other words, there was more water for Nebraska than she turned to beneficial use even in the drought years. As respects both defendants the decree makes a provisonal adjust- ment based upon drought conditions, with the understanding that if conditions change, by reason of events not now envisaged, the defend- ants may again come to this court for another provisional arrange- ment which shall stand until some party to the decree thinks that a further revision should be made. Thus three states, with respect to their quasi-sovereign rights, will be in tutelage to this court hence- forth. Such controversies between States are not easily put to repose. Even when judicial enforcement of rights is required, the attempt finally to adjudicate them often proves abortive. Our reports afford evidence of |