NEBRASKA v. WYOMING Et Al.
Headline: Court apportions North Platte River natural flow, enjoins Colorado and Wyoming from certain diversions and storage, and gives Nebraska 75% of seasonal flow in a key stretch, affecting farmers, irrigation districts, and federal projects.
Holding: The Court apportioned the North Platte River’s natural flow, enjoined specified Colorado and Wyoming diversions and storage, and allocated 25% to Wyoming and 75% to Nebraska for the Whalen–Tri‑State section during the irrigation season.
- Limits Colorado to 135,000 irrigated acres and 17,000 acre-feet storage in Jackson County.
- Gives Nebraska 75% of seasonal natural flow between Whalen and Tri-State Dam.
- Preserves federal storage contracts while restricting storage to protect senior downstream canals.
Summary
Background
Nebraska sued Wyoming (with Colorado joined and the United States intervening) over use of North Platte River water for irrigation. Large federal projects (Pathfinder, Guernsey, and Kendrick) and many canals serve farms in the three States. A long dry cycle since 1931 and new storage projects produced disputes about who is entitled to what water and whether upstream projects and diversions reduce downstream supplies.
Reasoning
The Court accepted the Special Master’s factual findings that dependable natural flow during the irrigation season has been over-appropriated and that storage contracts and return flows complicate administration. Applying an equitable-apportionment approach (with priority of appropriation as a guiding but flexible principle), the Court limited its allocation to natural flow only, recognized that storage water is controlled by federal and state contracts, and declined a mass division of storage. On that basis it issued concrete limits and an apportionment for the pivotal Whalen-to-Tri-State stretch.
Real world impact
The decree enjoins specified excessive diversions and storage: Colorado is limited in Jackson County to 135,000 irrigated acres, 17,000 acre-feet of storage, and a cap on exports over ten years; Wyoming is limited above Pathfinder to 168,000 irrigated acres and 18,000 acre-feet of storage; natural flow between Whalen and Tri-State Dam is split 25% to Wyoming, 75% to Nebraska. The decree preserves existing federal storage contracts, requires gauging and records, and leaves open modification if conditions change.
Dissents or concurrances
Three Justices dissented, arguing the Court lacked a showing of present substantial injury and should not undertake long-term supervision of State water use without clearer, immediate harm.
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