Narrative Opinion Summary
The Supreme Court of the United States issued a decree regulating the diversion of waters from Lake Michigan by the State of Illinois and its associated entities, capping the diversion at an average of 3,200 cubic feet per second. This limit includes all domestic pumpage and aims to support both domestic use and the maintenance of sanitary conditions in the Sanitary and Ship Canal, in accordance with federal regulations on navigation and pollution. The decree provides a detailed methodology for calculating the volume of water diverted, accounting for domestic and storm water sources, and requires compliance measured over a 12-month period with a five-year averaging window. Should the Northeastern Illinois Metropolitan Region's water needs surpass current capacities, Illinois may seek a modification of the diversion limits, provided that all reasonable water management measures have been implemented. The decree supersedes previous orders, initiating on March 1, 1970, with a temporary restriction in place beforehand. The court retains jurisdiction for any necessary modifications, and costs are to be borne individually by the parties, with shared expenses for the Special Master. A complaint by a local water commission was dismissed, although the commission retains access to the diverted water.
Legal Issues Addressed
Calculation of Water Diversion Limitssubscribe to see similar legal issues
Application: The decree outlines the methodology for calculating diverted water volumes by subtracting various sources from the total flow at Lockport, ensuring the diversion does not exceed legal limits.
Reasoning: The decree specifies that the volume of water diverted into the Sanitary and Ship Canal will be calculated by subtracting various sources from the total flow at Lockport.
Jurisdiction and Cost Allocationsubscribe to see similar legal issues
Application: The court retains jurisdiction to modify the decree and mandates that each party bear its own costs, with shared expenses for the Special Master.
Reasoning: Parties involved may seek further relief, and the court retains jurisdiction for modifications. Each party will bear its own costs, while expenses for the Special Master will be split equally between plaintiffs and defendants.
Modification of Water Diversion Limitssubscribe to see similar legal issues
Application: Illinois may petition for increased water diversion if the region's needs exceed current resources, provided all reasonable water quality and management measures are exhausted.
Reasoning: Illinois may request a modification to permit additional water diversion for domestic use if the needs of the Northeastern Illinois Metropolitan Region cannot be met by existing water resources and if all reasonable measures to improve water quality and resource management have been implemented.
Water Diversion Regulation under Federal Decreesubscribe to see similar legal issues
Application: The State of Illinois and its municipalities are restricted from diverting more than 3,200 cubic feet per second of water from Lake Michigan, including all domestic pumpage, to maintain compliance with federal navigation and pollution controls.
Reasoning: The Court adopted the Special Master's Findings of Fact and enjoined Illinois and its municipalities from diverting waters into the Illinois waterway beyond an average combined limit of 3,200 cubic feet per second.