Special Master appointed to make summary inquiry and speedy
report as to condition of the Illinois Waterway due to the
introduction of untreated sewage, the effect upon the health of
inhabitants of communities bordering the Waterway, and the remedial
or ameliorating measures available to the Illinois without an
increase in diversion of water from Lake Michigan. P.
309 U. S.
571.
Upon petition of the Illinois for a temporary modification of
the decree restricting diversion of water of the Great
Lakes-St.Lawrence system or watershed through the Chicago Drainage
Canal, and the return of the plaintiff States in response to a rule
to show cause.
See also order on p. 636,
post.
[See printed version.]
Page 309 U. S. 570
PER CURIAM.
By the decree of April 21, 1930 (
281 U.S.
179;
281 U. S. 696),
the Illinois and the Sanitary District of Chicago were enjoined
from diverting on and after December 31, 1938, any of the waters of
the Great Lakes-St.Lawrence system or watershed through the Chicago
Drainage Canal or otherwise in excess of the annual average of
1,500 cubic feet per second in addition to domestic pumpage. That
date was fixed as affording adequate time, upon a liberal estimate,
for the completion of the entire system designed for sewage
treatment, together with controlling works to prevent reversals of
the Chicago River in times of storm.
The State of Illinois now seeks a temporary modification of the
decree so as to permit an increase of the diversion to not more
than 5,000 cubic feet per second, in addition to domestic pumpage,
until December 31, 1942. The State submits its petition not on
behalf of the City of Chicago or the Sanitary District, but at the
instance of certain communities bordering on the Illinois Waterway,
including Lockport and Joliet. The grounds for the application are
that the system for sewage treatment has not yet been completed,
and will not be completed until the end of the year 1942, and that,
in consequence,
Page 309 U. S. 571
through the introduction of untreated sewage into the stream, an
"obnoxious, noisome, filthy, unsanitary, and dangerous condition to
public health" exists along the Sanitary District Canal and the
Illinois Waterway.
The State of Illinois has failed to show that it has provided
all possible means at its command for the completion of the sewage
treatment system, as required by the decree as specifically
enlarged in 1933 (
289 U.S.
395, 710). No adequate excuse has been presented for the delay.
Nor has the State submitted appropriate proof that the conditions
complained of constitute a menace to the health of the inhabitants
of the complaining communities, or that the State is not able to
provide suitable measures to remedy or ameliorate the alleged
conditions without an increase in the diversion of water from Lake
Michigan in violation of the rights of the complainant States as
adjudged by this Court.
In order, however, that the Court may be satisfied as to the
actual condition of the Illinois Waterway by reason of the
introduction of untreated sewage, and as to the actual effect, if
any, of that condition upon the health of the inhabitants of the
complaining communities, and also with respect to the feasibility
of remedial or ameliorating measures available to the State of
Illinois without an increase in the diversion of water from Lake
Michigan, the Court appoints a Special Master to make a summary
inquiry as to such condition, effect, and measures, and to report
to this Court with all convenient speed.