NEBRASKA v. WYOMING

No. 108, Orig.

515 U.S. 1 (1995)

NEBRASKA v. WYOMING et al.

United States Supreme Court.

Decided May 30, 1995.


Attorney(s) appearing for the Case

Richard A. Simms, Special Assistant Attorney General of Nebraska, argued the cause for plaintiff. With him on the briefs were Don Stenberg, Attorney General, Marie C. Pawol, Assistant Attorney General, James C. Brockmann, and Jay F. Stein.

Dennis C. Cook, Special Assistant Attorney General, argued the cause for defendant State of Wyoming. With him on the briefs were Joseph B. Meyer, Attorney General, Larry Donovan, Senior Assistant Attorney General, Donald M. Gerstein, Assistant Attorney General, and Raphael J. Moses and James R. Montgomery, Special Assistant Attorneys General. Timothy M. Tymkovich, Solicitor General, argued the cause for defendant State of Colorado. With him on the brief were Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief Deputy Attorney General, and Wendy C. Weiss, First Assistant Attorney General.

Jeffrey P. Minear argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Andrew F. Walch, and Patricia L. Weiss.*

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, p. 23.


Justice Souter, delivered the opinion of the Court.

Since 1945, a decree of this Court has rationed the North Platte River among users in Wyoming, Nebraska, and Colorado. By petition in 1986, Nebraska again brought the matter before us, and we appointed a Special Master to conduct the appropriate proceedings. In his Third Interim Report on Motions to Amend Pleadings (Sept. 9, 1994) (hereinafter Third Interim Report), the Master has made recommendations for rulings...

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