State of New Jersey v. State of New York Commonwealth of Pennsylvania
| Decision Date | 25 May 1931 |
| Docket Number | No. 16,16 |
| Citation | 51 S.Ct. 562,283 U.S. 805,75 L.Ed. 1425 |
| Parties | STATE OF NEW JERSEY, Complainant, v. STATE OF NEW YORK and City of New York, Defendants (COMMONWEALTH OF PENNSYLVANIA, Intervener). Original |
| Court | U.S. Supreme Court |
This cause came on to be heard by this court upon the exceptions filed by the complainant and defendants to the report of the special master, and was argued by counsel for the states of New Jersey, New York, Pennsylvania, and the city of New York.
On consideration whereof, it is now here ordered, adjudged, and decreed by this court, as follows:
1. That the injunction prayed for by the state of New Jersey so far as it would restrain the state of New York or city of New York from diverting from the Delaware river or its tributaries to the New York City water supply the equivalent of 440,000,000 gallons of water daily be, and the same is hereby, denied, but is granted to restrain the said state and city from diverting water in excess of that amount. The denial of the injunction as above is subject to the following conditions.
(a) Before any diversion shall be made an efficient plant for the treatment of sewage at Port Jervis, N. Y., shall be constructed and the sewage of Port Jervis entering the Delaware or Neversink rivers shall be treated to such an extent as to effect a reduction of 85 per cent. in the organic impurities. And the effluent from such plant shall be treated with a chemical germicide, or otherwise, so that the B. coli originally present in the sewage shall be reduced by 90 per cent.
Untreated industrial waste from plants in said town of Port Jervis shall not be allowed to enter the Delaware or Neversink rivers, and the treatment of such industrial wastes shall be such as to render the effluent practically free from suspended matter and nonputrescent; and said treatment of sewage and industrial waste shall be maintained so long as any diversion is made from the Delaware river or its tributaries.
(b) At any time the stage of the Delaware river falls below .50 c. s. m. at Port Jervis, N. Y., or Trenton, N. J., or both (.50 c. s. m. being equivalent to a flow of 1535 c. f. s. at Port Jervis and 3400 c. f. s. at Trenton), water shall be released from one...
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