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534 U.S. 40

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OCTOBER TERM, 2001

Appendix to Decree

NEBRASKA v. WYOMING ET AL.

ON PETITION FOR ORDER ENFORCING DECREE AND FOR INJUNCTIVE RELIEF

No. 108, Orig. Decided June 11, 1945, April 20, 1993, and May 30, 1995Decree entered October 8, 1945-0rder modifying and supplementing decree entered June 15, 1953-Decree entered November 13,2001

Decree entered.

Opinions reported: 325 U. S. 589, 507 U. S. 584, 515 U. S. 1; decree reported: 325 U. S. 665; order modifying and supplementing decree reported: 345 U. S. 981.

The Final Report of the Special Master is received and ordered filed.

DECREE

This cause, having come to be heard on the Final Report of the Special Master appointed by the Court, IT IS HEREBY ORDERED THAT:

1. The Final Settlement Stipulation executed by all of the parties to this case and presented to the Special Master on March 15, 2001, is approved;

2. The proposed Modified Decree submitted as the Appendix to the Final Settlement Stipulation is entered, replacing the decree originally entered in this case on October 8, 1945, as modified on June 15, 1953;

3. All claims, counterclaims, and cross-claims brought in this case are hereby dismissed with prejudice; and

4. The parties shall share in the cost of this litigation in the manner that this Court shall order following the entry of the Modified Decree.

APPENDIX Modified North Platte Decree

[Entered on October 8, 1945, Nebraska v. Wyoming, 325cralaw


41

Nebraska v. Wyoming, 345 U. S. 981, and further modified November 13, 2001, Nebraska v. Wyoming, supra, p. 40.]

This Court equitably apportioned the North Platte River among the States of Colorado, Wyoming, and Nebraska in 1945. Nebraska v. Wyoming, 325 U. S. 589, 665 (1945). The Decree was amended pursuant to a stipulation and joint motion of the parties in 1953. Nebraska v. Wyoming, 345 U. S. 981. In 1986, the State of Nebraska filed suit against the State of Wyoming. In 1987, Wyoming filed counterclaims against Nebraska. This Court resolved certain issues on cross-motions for summary judgment in 1993. Nebraska v. Wyoming, 507 U. S. 584. In 1995, this Court granted in part and denied in part Nebraska's motion to amend its petition, and granted in part and denied in part Wyoming's motion to amend its counterclaims and to file cross-claims against the United States. Nebraska v. Wyoming, 515 U. S. 1. The parties have agreed upon this Court's entry of this Modified Decree to a dismissal with prejudice of all claims, counterclaims, and cross-claims for which leave to file was or could have been sought in this case.

The parties to this cause having filed a Final Settlement Stipulation dated March 13, 2001, which includes the parties' agreement to create the North Platte Decree Committee to assist them in monitoring, administering, and implementing this Modified Decree, and a Joint Motion for Approval of Stipulation, Modification of Decree, and Dismissal with Prejudice, and the Court being fully advised:

IT IS ORDERED:

That the Final Settlement Stipulation dated March 13, 2001, is hereby approved and adopted;

That all claims, counterclaims, and cross-claims for which leave to file was or could have been sought in this case are hereby dismissed with prejudice; and

That the Decree of October 8, 1945, as amended on June 15, 1953, is hereby modified as follows:cralaw


42
Full Text of Opinion





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