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RECEIVED&''"?2?? i <br />NOV 0 9 1998 <br />Colaada Water <br />No. 108, Original ConservaGon Boara <br />IN TAE SUPREME COURT OF THE UNITED STATES <br />October Term, 1998 <br />t <br />STATE OF NEBRASKA, <br />• Plaintiff, <br />vs. <br />STATE OF WYOMING, <br />Defendant. <br />BEFORE THE HONORABLE OWEN OLPIN <br />SPECIAL MASTER <br />COLORADO'S BRIEF IN SUPPORT OF WYOMING'S MOTION TO DISMISS <br />PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6) AND MOTION FOR <br />SUMMARY JUDGMENT PURSUANT TO FED. R. C1V: P. 56(c) <br />Wyoming has conclusively demonstrated that Nebraska's efforts to revive her enforcement <br />claims must be rejected. Colorado fully supports Wyoming's arguments and has little to add to <br />her painstaking analysis of the fifty year history of this case. However, having been reluctantly <br />entangled in the current litigation for twelve years, Colorado wishes to emphasize that this case <br />has come full circle, or would if Nebraska were allowed to have her way. Each time that her <br />case has foundered, Nebraska has changed course to pursue a different legal theory. As <br />Wyoming has exhaustively documented, Nebraska's eleventh hour attempt to salvage an <br />enfarcement case not only contradicts her own prior representations, but blatantly disregards <br />the prior rulings of both the Special Master and the Supreme Court.