Nebraska v. Wyoming, 295 U.S. 40 (1935)

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Nebraska v. Wyoming

No. 16, original

Motion to dismiss submitted January 21, 1935
Argued March 13, 1935
Decided April 1, 1935
295 U.S. 40

1. Upon motion to dismiss a bill of complaint in an original proceeding brought in this Court by Nebraska against Wyoming for the equitable apportionment, as between the two States, of the waters of the North Platte River, and for an injunction, held:

(1) The State of Colorado, against whom the complainant alleges no wrongful act and asks no relief, is not an indispensable party to the proceeding, even though the river rises and drains a large area in that State. P. 43.

(2) The Secretary of the Interior, whose rights as an appropriator in Wyoming, in connection with projects authorized by the Reclamation Act, are subject to the law of that State, will be bound by an adjudication of the State’s rights, and is not an indispensable party. P. 43.

(3) The allegations of the bill are not vague and indefinite, but state a cause of action in equity entitling the complainant to the relief prayed. P. 44.

2. A contention that the complainant is chargeable with such a failure to do equity as requires a dismissal of the bill examined and rejected. P. 44.

Motion denied.

Bill of complaint in an original proceeding brought by Nebraska against Wyoming to have determined the rights of the two States in the waters of the North Platte River. The defendant State filed a motion to dismiss.