Wyoming v. Colorado, 259 U.S. 496 (1922)

Syllabus

U.S. Supreme Court

Wyoming v. Colorado, 259 U.S. 496 (1922)

Wyoming v. Colorado

No. 3, Original

Final decree entered June 5, 1022

259 U.S. 496

I N EQUITY

This cause having been heretofore submitted on the pleadings and the evidence taken before and reported by the commissioners appointed for the purpose, and the court being now fully advised in the premises:

It is considered, ordered, and decreed that the defendants, their officers, agents, and servants, be, and they are hereby, severally enjoined from diverting or taking from the Laramie River and its tributaries in the state of Colorado

Page 259 U. S. 497

more than 15,500 acre-feet of water per annum in virtue of or through what is designated in the pleadings and evidence as the Laramie-Poudre Tunnel appropriation in that state:

Provided, that this decree shall not prejudice the right of the State of Colorado, or of anyone recognized by her as duly entitled thereto, to continue to exercise the right now existing and hereby recognized to divert and take from such stream and its tributaries in that state 18,000 acre-feet of water per annum in virtue of and through what is designated in the pleadings and evidence as the Skyline Ditch appropriation in that state, nor prejudice the right of that state, or of anyone recognized by her as duly entitled thereto, to continue to exercise the right now existing and hereby recognized to divert and take from such stream and its tributaries in that state 4,250 acre-feet of water per annum in virtue of and through the meadow land appropriations in that state which are named in the pleadings and evidence, nor prejudice or affect the right of the State of Colorado or the State of Wyoming, or of anyone recognized by either state as duly entitled thereto, to continue to exercise the right to divert and use water from Sand Creek, sometimes spoken of as a tributary of the Laramie River in virtue of any existing and lawful appropriation of the waters of such creek.

And it is also considered, ordered, and decreed that the State of Wyoming do have and recover from the defendants her lawful costs herein.


Opinions

U.S. Supreme Court

Wyoming v. Colorado, 259 U.S. 496 (1922) Wyoming v. Colorado

No. 3, Original

Final decree entered June 5, 1022

259 U.S. 496

I N EQUITY

This cause having been heretofore submitted on the pleadings and the evidence taken before and reported by the commissioners appointed for the purpose, and the court being now fully advised in the premises:

It is considered, ordered, and decreed that the defendants, their officers, agents, and servants, be, and they are hereby, severally enjoined from diverting or taking from the Laramie River and its tributaries in the state of Colorado

Page 259 U. S. 497

more than 15,500 acre-feet of water per annum in virtue of or through what is designated in the pleadings and evidence as the Laramie-Poudre Tunnel appropriation in that state:

Provided, that this decree shall not prejudice the right of the State of Colorado, or of anyone recognized by her as duly entitled thereto, to continue to exercise the right now existing and hereby recognized to divert and take from such stream and its tributaries in that state 18,000 acre-feet of water per annum in virtue of and through what is designated in the pleadings and evidence as the Skyline Ditch appropriation in that state, nor prejudice the right of that state, or of anyone recognized by her as duly entitled thereto, to continue to exercise the right now existing and hereby recognized to divert and take from such stream and its tributaries in that state 4,250 acre-feet of water per annum in virtue of and through the meadow land appropriations in that state which are named in the pleadings and evidence, nor prejudice or affect the right of the State of Colorado or the State of Wyoming, or of anyone recognized by either state as duly entitled thereto, to continue to exercise the right to divert and use water from Sand Creek, sometimes spoken of as a tributary of the Laramie River in virtue of any existing and lawful appropriation of the waters of such creek.

And it is also considered, ordered, and decreed that the State of Wyoming do have and recover from the defendants her lawful costs herein.

And it is further considered, ordered, and decreed that the Clerk of this Court do transmit to the chief magistrates of the States of Colorado and Wyoming copies of this decree duly authenticated under the seal of this Court. *

* A modified decree was entered October 9, 1922. See 260 U. S. 260 U.S. 1.