State of New Jersey v. State of New York, 5
| Decision Date | 07 June 1954 |
| Docket Number | No. 5,O,5 |
| Citation | 74 S.Ct. 842,98 L.Ed. 1127,347 U.S. 995 |
| Parties | STATE OF NEW JERSEY, Complainant, v. STATE OF NEW YORK and City of New York, Defendants, Commonwealth of Pennsylvania and State of Delaware, Intervenors. riginal |
| Court | U.S. Supreme Court |
The Court, having considered the amended petition of the City of New York, joined by the State of New York, to which is appended the consent of the State of New Jersey, the answer filed by the State of New Jersey seeking affirmative relief and the answers filed by the Commonwealth of Pennsylvania and the State of Delaware, the evidence and exhibits adduced by the parties, the report of Kurt F. Pantzer, Esquire, Special Master, and statements from all the parties addressed to the Court expressing the intention of the parties not to file exceptions or objections to the report, and being fully advised in the premises, now enters the following order:
I. Report of Special Master Approved. The 'Report of the Special Master Recommending Amended Decree,' filed May 27, 1954, is in all respects approved and confirmed.
II. 1931 Decree Superseded. The decree of this Court entered May 25, 1931, 283 U.S. 805, 51 S.Ct. 562, 75 L.Ed. 1425, is modified and amended as hereinafter provided and, upon the entry of this amended decree, the provisions of the decree of May 25, 1931, shall be of no further force and effect.
III. Diversions by the City of New York Enjoined Except as Herein Authorized. The State and City of New York are enjoined from diverting water from the Delaware River or its tributaries except to the extent herein authorized and upon the terms and conditions herein provided.
A. Authorized Diversions.
1. 440 M.G.D. The City of New York may divert from the Delaware River watershed to its water supply system the equivalent of 440 million gallons daily (m.g.d.) until the City completes and places in operation its reservoir presently under construction on the East Branch of the Delaware River.
2. 490 M.G.D. After the completion and commencement of operation of the East Branch reservoir, the City may divert the equivalent of 490 m.g.d. until the completion of its proposed dam and reservoir at Cannonsville on the West Branch of the Delaware River, provided, however, that in the event of an abnormal or unforeseeable interruption of its facilities, the City may divert in excess of the equivalent of 490 m.g.d. to meet its emergency requirements, but in no event shall such diversion impair the obligation of the City to make the releases hereinafter specified.
3. 800 M.G.D. After the completion of the Cannonsville reservoir, the City may divert the equivalent of 800 m.g.d.
4. Computation of Diversion. At no time during any twelve-month period, commencing June 1, shall the aggregate total quantity diverted, divided by the number of days elapsed since the preceding May 31, exceed the applicable permitted rate of diversion.
B. Conditions and Obligations Imposed in Connection With Diversions and Releases by City. The diversions and releases by the City of New York from the Delaware River shall be made under the supervision and direction of the River Master, hereinafter appointed, and shall be subject to the following conditions and obligations:
1. Compensating Releases—The Montague Formula. The City shall release water from its reservoirs as follows:
(a) Until the East Branch reservoir is completed and placed in operation, on the day following each day in which the average flow in the Delaware River falls short of 0.50 cubic feet per second per square mile (c.s.m.), either at Montague, New Jersey (below the mouth of the Neversink River), or at Trenton, New Jersey (0.50 c.s.m. being equivalent to a flow of 1740 cubic feet per second (c.f.s.) at Montague and 3400 c.f.s. at Trenton), the City shall release water from the Neversink reservoir at an average of 0.66 c.s.m. or 61.38 c.f.s.
(b) Upon the completion and placing in operation of the Neversink and East Branch reservoirs, the City shall release water from one or more of its storage reservoirs in the upper Delaware watershed. Such releases shall be in quantities designed to maintain a minimum basic rate of flow at the gaging station of the United States Geological Survey (U.S.G.S.) at Montague of 1525 c.f.s. (985.6 m.g.d.) until the Cannonsville project is completed and its reservoir first filled to the extent that 50 billion gallons above the lowest outlet are available for diversion and release, and of 1750 c.f.s. (1131.1 m.g.d.) thereafter. Compliance by the City with directions of the River Master with respect to such releases shall be considered full compliance with the requirements of this subsection (b).
(c) At the commencement of the calendar year following the completion and placing in operation of the Neversink and East Branch reservoirs and of each calendar year thereafter, the City of New York shall estimate and report to the River Master the anticipated consumption of water during such year to be provided for by the City from all its sources of supply. The City shall, as hereinafter provided, release in the aggregate from all its storage reservoirs in the upper Delaware watershed, in addition to the quantity of water required to be released for the purpose of maintaining the then applicable minimum basic rate of flow as hereinabove provided, a quantity of water equal to 83 per cent of the amount by which the estimated consumption during such year is less than the City's estimate of the continuous safe yield during such year of all its sources obtainable without pumping. In any such year the City's estimate of anticipated consumption shall not exceed by more than 7 1/4 billion gallons the actual consumption in any previous calendar year; and its safe yield in any such year, obtainable without pumping, shall be estimated at not less than 1355 m.g.d. after the Neversink and East Branch reservoirs are put into operation; and at not less than 1665 m.g.d. after the Cannonsville reservoir is put into operation. If, at any time after the completion of the Cannonsville reservoir and prior to the year 1993, the continuous net safe yield for water supply of all of the City's sources of water supply, obtainable without pumping, is increased by the development of additional sources, such greater safe yield shall be used in determining the excess releases.
(d) The City of New York shall release the excess quantity provided for in subsection (c) at rates designed to release the entire quantity in 120 days. Commencing with the fifteenth day of June each year, the excess releases shall continue for as long a period, but not later than the following March 15, as such additional quantity will permit. Such period is hereinafter referred to as the 'seasonal period.' The excess quantity required to be released in any seasonal period shall in no event exceed 70 billion gallons. In releasing the excess quantity specified for any seasonal period, the City shall not be required to maintain a flow at Montague greater than the applicable minimum basic rate plus the excess quantity divided by 120 days, or in any event greater than 2650 c.f.s., nor to release at rates exceeding the capacity of its release works. The City shall in each seasonal period continue its excess releases until March 15 or until the aggregate quantity of the flow at Montague in excess of the basic rate or in excess of such higher rates as are not the result of the City's prior releases, is equal to the total specified excess quantity.
(e) The terms and conditions provided in subsections (b), (c) and (d) hereof shall continue to be applicable in all respects in the event that the U.S.G.S. gaging station at Montague shall be relocated at a point below the confluence of the Neversink River with the Delaware River.
2. Minimum Capacity of Release Works at Reservoirs of City. In...
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