It is now here ordered, adjudged, and decreed as follows:
1. On and after July 1, 1930, the defendants, the State of
Illinois and the Sanitary District of Chicago, their employees and
agents, and all persons assuming to act under the authority of
either of them, be and they hereby are
Page 281 U. S. 697
enjoined from diverting any of the waters of the Great Lakes-St.
Lawrence system or watershed through the Chicago Drainage Canal and
its auxiliary channels or otherwise in excess of an annual average
of 6,500 cubic feet per second in addition to domestic pumpage.
2. That, on and after December 31, 1935, unless good cause be
shown to the contrary, the defendants, the State of Illinois and
the Sanitary District of Chicago, their employees and agents, and
all persons assuming to act under the authority of either of them,
be and they hereby are enjoined from diverting any of the waters of
the Great Lakes-St. Lawrence system or watershed through the
Chicago Drainage Canal and its auxiliary channels or otherwise in
excess of an annual average of 5,000 cubic feet per second in
addition to domestic pumpage.
3. That on and after December 31, 1938, unless good cause be
shown to the contrary, the defendants, the State of Illinois and
the Sanitary District of Chicago, their employees and agents, and
all persons assuming to act under the authority of either of them,
be and they hereby are enjoined from diverting any of the waters of
the Great Lakes-St. Lawrence system or watershed through the
Chicago Drainage Canal and its auxiliary channels or otherwise in
excess of the annual average of 1,500 cubic feet per second in
addition to domestic pumpage.
4. That the provisions of this decree as to the diverting of the
waters of the Great Lakes-St. Lawrence system or watershed relate
to the flow diverted by the defendants exclusive of the water drawn
by the City of Chicago for domestic water supply purposes and
entering the Chicago River and its branches or the Calumet River or
the Chicago Drainage Canal as sewage. The amount so diverted is to
be determined by deducting from the total flow at Lockport the
amount of water pumped by the City of Chicago into its water mains
and as so computed will include the run-off of the Chicago and
Calumet drainage area.
5. That the defendant the Sanitary District to Chicago shall
file with the clerk of this Court semi-annually on July first and
January first of each year, beginning July first, 1930, a report to
this Court adequately setting forth the progress made in the
construction of the sewage treatment plants and appurtenances
outlined in the program as proposed by the Sanitary District of
Chicago, and also setting forth the extent and effects of the
operation of the sewage treatment plants, respectively, that
Page 281 U. S. 698
shall have been placed in operation, and also the average
diversion of water from Lake Michigan during the period from the
entry of this decree down to the date of such report.
6. That, on the coming in of each of said reports, and on due
notice to the other parties, any of the parties to the above
entitled suits, complainants or defendants, may apply to the Court
for such action or relief, either with respect to the time to be
allowed for the construction, or the progress of construction, or
the methods of operation, of any of said sewage treatment plants,
or with respect to the diversion of water from Lake Michigan, as
may be deemed to be appropriate.
7. That any of the parties hereto, complainants or defendants,
may, irrespective of the filing of the above-described reports,
apply at the foot of this decree for any other or further action or
relief, and this Court retains jurisdiction of the above-entitled
suits for the purpose of any order or direction, or modification of
this decree, or any supplemental decree, which it may deem at any
time to be proper in relation to the subject matter in
controversy.
And it is further ordered that the costs in these cases shall be
taxable against the defendants.
ORDER
The Court having considered the suggestions of the several
parties does now, in view of its established practice, fix the
compensation of Charles Evans Hughes as Master upon the original
and supplemental references in these cases at thirty thousand
dollars ($30,000), and in addition thereto allows his expenses
actually incurred for printing, stenography, travel and other items
amounting to $2,775.90, all of the above to be taxed as costs in
the causes.
The CHIEF JUSTICE took no part in the consideration of the
matters involved in this order.
Per MR. JUSTICE HOLMES.
