Nebraska v. Wyoming
United States Supreme Court
325 U.S. 589, 65 S. Ct. 1332, 89 L. Ed. 1815 (1945)
- Written by Curtis Parvin, JD
Facts
The North Platte River, a nonnavigable stream, originated in Colorado before passing through Wyoming and continuing into Nebraska. The river was heavily used for irrigation in all three states, leading to the overappropriation of the river’s waters. The overappropriation was exacerbated by water projects developed by the United States Bureau of Reclamation (the bureau) (defendant) and the extended drought during the 1930s. Nebraska experienced significant water shortages in the river, leading Nebraska to bring an action invoking the original jurisdiction of the United States Supreme Court against Wyoming (defendant) and, ultimately, Colorado (defendant) and the bureau. Colorado, Wyoming, and the affected parts of Nebraska followed the rule of priority of appropriation, where first-in-time is first-in-right (the prior-appropriation doctrine). The court appointed a special master who recommended various equitable water-appropriation apportionments and strategies rather than relying on a strict-priority rule application.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
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