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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- NEBRASKA v. WYOMING et al.
- on exceptions to report of special master
- No. 108, Orig. Argued March 21, 1995-Decided May 30, 1995
-
- A 1945 decree rationing the North Platte River among users in
- Wyoming, Nebraska, and Colorado enjoins Colorado and Wyoming
- from diverting or storing water above prescribed amounts on the
- river's upper reaches; sets priorities among Wyoming canals that
- divert water for the use of Nebraska irrigators and federal reser-
- voirs; apportions the natural irrigation-season flows of the river's so-
- called ``pivotal reach'' between Nebraska and Wyoming; and autho-
- rizes any party to apply to amend the decree for further relief.
- Nebraska v. Wyoming, 325 U. S. 589. Nebraska sought such relief
- in 1986, alleging that Wyoming was threatening its equitable
- apportionment, primarily by planning water projects on tributaries
- that have historically added significant flows to the pivotal reach.
- After this Court overruled the parties' objections to the Special
- Master's First and Second Interim Reports, Nebraska v. Wyoming,
- 507 U. S. ___, Nebraska and Wyoming sought leave to amend their
- pleadings. The Master's Third Interim Report recommended that
- Nebraska be allowed to substitute three counts of its Amended
- Petition and that Wyoming be allowed to substitute three of its
- proposed counterclaims and four of its proposed cross-claims.
- Wyoming has filed four exceptions to the Master's recommendations
- and Nebraska and the United States a single (and largely overlap-
- ping) exception each.
- Held: The exceptions are overruled. Pp. 5-20.
- (a) The requirement of obtaining leave to file a complaint in an
- original action serves an important gatekeeping function, and
- proposed pleading amendments must be scrutinized closely to see
- whether they would take the litigation beyond what the Court
- reasonably anticipated when granting leave to file the initial plead-
- ings. As the decree indicates, the litigation here is not restricted
- solely to enforcement of rights determined in the prior proceedings.
- However, while the parties may ask for a reweighing of equities and
- an injunction declaring new rights and responsibilities, they must
- make a showing of substantial injury to be entitled to relief. The
- Master duly appreciated these conclusions when considering the
- proposed amendments to the pleadings. Pp. 5-7.
- (b) Wyoming takes exception to the Master's recommendation
- that it be denied leave to file its First Amended Counterclaim and
- Cross-Claim, which allege that Nebraska and the United States
- have failed to recognize beneficial use limitations on diversions of
- canals and that Nebraska has violated the equitable apportionment
- by demanding natural flow and storage water from sources above
- Tri-State Dam for use below the dam. However, by seeking to
- replace a proportionate sharing of the pivotal reach's natural flows
- with a scheme based on the beneficial use requirement of the
- pivotal reach irrigators, presumably to Wyoming's advantage, Wyo-
- ming in reality is calling for a fundamental modification of the
- scheme established in 1945, without alleging any change in condi-
- tions that would arguably justify so bold a step. Pp. 7-8.
- (c) The Master's intention to consider a broad array of down-
- stream interests and to hear evidence of injury not only to down-
- stream irrigators, but also to wildlife and wildlife habitat, when
- passing on Nebraska's request that the decree be modified to enjoin
- Wyoming's proposed developments on the North Platte's tributaries
- does not, as Wyoming argues in its exception, run counter to this
- Court's denial of two of Nebraska's earlier motions to amend. Those
- earlier claims sought to assign an affirmative obligation to protect
- wildlife, while, here, the effect on wildlife is but one equity to be
- balanced in determining whether the decree can be modified.
- Moreover, Nebraska is seeking not broad new apportionments, but
- only to have discrete Wyoming developments enjoined. If its envi-
- ronmental claims are speculative, Nebraska will not be able to make
- the necessary showing of substantial injury. Pp. 9-10.
- (d) Nebraska's allegations that Wyoming's actions along the
- Horse Creek tributary threaten serious depletion of return flows,
- with injury to Nebraska's interests, describe a change in conditions
- sufficient, if proven, to warrant the injunctive relief sought. Thus,
- Wyoming's exception to the Master's recommendation that Nebraska
- be allowed to proceed with its challenge cannot succeed. Pp. 10-11.
- (e) Nebraska's allegation that Wyoming's increased groundwater
- pumping threatens substantial depletion of the river's natural flow
- also describes a change in conditions posing a threat of significant
- injury. In excepting to the Master's recommendation that the claim
- go forward, Wyoming asserts that Nebraska's failure to regulate
- groundwater pumping within its own borders precludes Nebraska
- from seeking pumping limitations in Wyoming. However, Wyoming
- alleges no injury to its interests caused by the downstream pump-
- ing, and the effect that any such injury would have on the relief
- Nebraska is seeking is a question for trial. Pp. 11-12.
- (f) Both the United States and Nebraska take exception to the
- recommendation that Wyoming's Fourth Amended Cross-
- Claim-which alleges that federal management of reservoirs has
- contravened state and federal law as well as contracts governing
- water supply to individual users-be allowed to proceed. Although
- the 1945 decree did not apportion storage water, a predicate to that
- decree was that the United States adhered to beneficial use limita-
- tions in administering storage water contracts. Wyoming's assertion
- that the United States no longer does so, and that this change has
- caused or permitted significant injury to Wyoming interests, states
- a serious claim that ought to go forward. This claim arises from
- the decree, and thus cannot be vindicated in district court litigation
- between individual contract holders and the United States. Nor is
- it likely that this proceeding will be overwhelmed by the interven-
- tion of individual storage contract holders. Since a State is pre-
- sumed to speak for its citizens, requests to intervene will be denied
- absent a showing, unlikely to be made here, of some compelling
- interest not properly represented by the State. Pp. 12-20.
- Exceptions overruled.
- Souter, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and Stevens, O'Connor, Scalia, Kennedy, Ginsburg, and
- Breyer, JJ., joined, and in Parts I, II, and III of which Thomas, J.,
- joined. Thomas, J., filed an opinion concurring in part and dissenting
- in part.
-