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Colorado's Brief in Support of Wyoming's Motion
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Colorado's Brief in Support of Wyoming's Motion
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Last modified
1/26/2010 4:42:02 PM
Creation date
8/10/2009 1:00:32 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8451.100
Description
Nebreaska v. Wyoming (North Platte Decree)
State
CO
Basin
North Platte
Date
11/9/1998
Author
Supreme Court of the United States, Nebraska, Wyoming
Title
Colorado's Brief in Support of Wyoming's Motion
Water Supply Pro - Doc Type
Litigation
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, I <br />This case began as an enforcement action. In 1986, Nebraska sought leave to file an action <br />to enforce the decree in Nebraska v. Wyoming, 325 U.S. 589 (1945), modified, 345 U.S. 981 <br />(1953)(decree). Motion for Leave to File Petition for an Order Enforcing Decree and for <br />Injunctive Relief (Oct. 6, 1986); 1Vebraska v. Wyoming, 507 U.S. 584, 589 (1993) (tlrebraska <br />II)("Nebraska alleged that Wyoming was violating or threatening to violate the decree by virtue <br />of developments on two North Platte tributaries, Deer Creek and the Laramie River. Nebraska <br />also objected to certain actions taken by Wyoming with respect to the Inland Lakes in <br />Nebraska. ") <br />Nebraska II transformed the case into one for modification of the decree. In April 1992, <br />the Special Master submitted his Second Interim Report on Motions for Summary Judgment <br />and Renewed Motions for Intervention to the Court. All three states filed exceptions to the <br />report, as well as to the First Interim Report, submitted in 1989. A principal issue was whether <br />Nebraska's petition sought enforcement or modification of the decree. "The disagreement in <br />this case centers on the applicable legal standards. The question is whether these proceedings <br />involve an application for enforcement of rights already recognized in the decree, or whether <br />Nebraska seeks a modification of the decree." Nebraska II , 507 U.S. at 590. <br />Colorado sought to limit Nebraska to an enforcement action: "This is an action to enforce <br />the existing Decree against Wyoming. That is the only relief sought in Nebraska's petition and <br />the only basis for this Court's assumption of jurisdiction." Colorado's Exception to Special <br />Master's First and Second Interim Reports at 3(Docket No. 493). Colorado complained that <br />2
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