New Jersey v. New York Et Al.

Background

The dispute involves the City of New York, joined by the State of New York, with the consent of New Jersey and answers from New Jersey, Pennsylvania, and Delaware. The parties presented evidence and a Special Master’s report. The Court considered that report, the parties’ statements that they would not object, and an amended petition, then entered a new order that alters a prior 1931 court decree governing use of Delaware River water.

Reasoning

The central question was whether to approve the Special Master’s recommendations and to set clear rules for how much water New York City and New Jersey may take and what releases must be made to protect downstream users. The Court approved the report, replaced the 1931 decree, and enjoined any diversion except as specifically authorized. It set staged diversion caps for New York City (440, 490, and ultimately 800 million gallons daily depending on reservoir projects), imposed the Montague release formula to keep minimum river flows, required inspection rights, mandated treatment of Port Jervis sewage, allowed New Jersey limited diversions (100 million gallons daily) under conditions, and appointed a River Master to supervise and report annually.

Real world impact

The order controls how much water New York City can take from the Delaware River and ties increases to completion of reservoirs. Downstream states gain enforceable minimum flows and inspection rights. New Jersey may take limited water only if it meets statutory conditions. The Court kept the case open for future modification, allocated the costs among the parties, and stated the decree is subject to federal authority over navigable waters.