WSP11122

• File Number: 8271.300
• Description: Colorado River Basin Salinity Control Program - General Information and Publications-Reports
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/1/3000
• Title: OPINION - Colorado River Salinity Problem - Submitted to His Excellency - Honorable Antonio Carillo Flores - Ambassador of Mexico
• Water Supply Pro - Doc Type: Report/Study

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48

sufficient evidence, and indicated that "Before this court
ought to intervene, the case should be of serious magnitude,
clearly and fully proved. . . ." 16

In New York v. Ne'?V Jersey, 256 U.S. 296 (1921), the
State of New York sought an injunction to prevent the
State of New Jersoy and the Passaic Vanoy Sewerage
Commissioners from discharging a large volume of sewage
into New York Harbor. Rclief was denied because com-
plainant had failed to sustain its burden, the Court
stating:

[T]he burden upon the State of New York of sustain-
ing the allegations of its bill is much greater than that
imposed upon a complainant in an ordinary suit
'between private parties. Before this court can be moved
to exercise its extraordinary power under the Constitu-
tion to control the conduct of one state at the suit of
another, the threatened invasion of rights must be of
serious magnitude, and it must be established by clear
and convincing evidence."6

While both cases thus held that the complainants had failed
to prove the allegations of the complaint, it clearly
appears that upon the proper showing an actual or
threatened pollution of water by one state may be enjoined
at the suit of another.

3. Other Authorities

Principles with respect to water pollution in inter-
national law have been adopted in resolutions of various
private associations of international lawyers. While
resolutions of such groups are not, of course, a source of
international law, they are persuasive that such rules as
lire set forth otherwise exist.

The Madrid Declaration of 1911 of The Institut de Droit
International set forth what were believed to be inter-

"' 200 U.S. 496, 521 (1906).
16256 U.S. at 309.

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