ing reservoirs without limitation except during the months of July, August, September and October of any year, when not more than 100 m. g. d. as a monthly average and not more than 120 million gallons in any day shall be withdrawn.

3. Regardless of whether the State of New Jersey builds and utilizes storage reservoirs for diversion, its total diversion for use outside of the Delaware River watershed without compensating releases shall not exceed an average of 100 m. g. d. during any calendar year.

VI. EXISTING USES NOT AFFECTED BY AMENDED DECREE. The parties to this proceeding shall have the right to continue all existing uses of the waters of the Delaware River and its tributaries, not involving a diversion outside the Delaware River watershed, in the manner and at the locations presently exercised by municipalities or other governmental agencies, industries or persons in the Delaware River watershed in the States of New York, New Jersey and Delaware and the Commonwealth of Pennsylvania.

VII. RIVER MASTER.

A. Designation. Subject to the concurrence of the Director of the U. S. Geological Survey, the Chief Hydraulic Engineer of the U. S. Geological Survey, or such other engineer of the U. S. Geological Survey as shall at any time be designated by the Chief Hydraulic Engineer, is hereby designated as River Master.

B. Duties. The River Master shall either in person or through his assistants possess, exercise and perform the following duties and functions:

1. General Duties.

(a) Administer the provisions of this decree relating to yields, diversions and releases so as to have the provisions of this decree carried out with the greatest possible accuracy;

(b) Conserve the waters in the river, its tributaries and in any reservoirs maintained in the Delaware River watershed by the City of New York or any which may hereafter be developed by any of the other parties hereto;

(c) Compile and correlate all available data on the water needs of the parties hereto;

(d) Check and correlate the pertinent stream flow gagings on the Delaware River and its tributaries;

(e) Observe, record and study the effect of developments on the Delaware River and its tributaries upon -water supply and other necessary, proper and desirable uses; and

(f) Make periodic reports to this Court, not less frequently than annually, and send copies thereof to the Governors of Delaware, New Jersey, New York and Pennsylvania, and to the Mayor of the City of New York.

2. Specific Duties with Respect to the Montague Release Formula. In connection with the releases of water which the City of New York is required to make under Par. III-B-1 (b) of this decree, the River Master, in co-operation with the City of New York, shall, by appropriate observation and estimates, perform the following duties:

(a) Determine the average times of transit of the flow between the release works of the several reservoirs of the City and Montague and between the release works of other storage reservoirs in the watershed and Montague;

(b) Make a daily computation of what the average flow observed on the previous day at Montague would have been, except for that portion previously contributed by releases of the City or as affected by the contributing or withholding of water at other storage reservoirs, for the purpose of computing the volume of water that would have had to be released in order to have maintained precisely the basic rate on that day;

(c) Take account of all changes that can be anticipated in the flow from that portion of the watershed above Montague not under the City's control and allow for the same by making an appropriate adjustment in the computed volume of the daily release; and

(d) After taking into consideration (a), (b) and (c), direct the making of adjusted daily releases designed to maintain the flow at Montague at the applicable minimum basic rate.

C. Distribution of Costs. The compensation of, and the costs and expenses incurred by, the River Master shall be borne equally by the State of Delaware, State of New Jersey, Commonwealth of Pennsylvania, and the City of New York.

D. Replacement. In the event that for any reason the Chief Hydraulic Engineer of the U. S. G. S. or his designee cannot act as River Master, this Court will, on motion of any party, appoint a River Master and fix his compensation.

VIII. NO PRIOR APPROPRIATION NOR APPORTIONMENT. No diversion herein allowed shall constitute a prior appropriation of the waters of the Delaware River or confer any superiority of right upon any party hereto in respect of the use of those waters. Nothing contained in this decree shall be deemed to constitute an apportionment of the waters of the Delaware River among the parties hereto.

IX. DECREE WITHOUT PREJUDICE TO THE UNITED STATES. This decree is without prejudice to the United States. It is subject to the paramount authority of Congress in respect to commerce on navigable waters of the United States; and it is subject to the powers of the Secretary of the Army and Chief of Engineers of the United States Army in respect to commerce on navigable waters of the United States.

X. RETENTION OF JURISDICTION; NO ESTOPPEL. Any of the parties hereto, complainant, defendants or intervenors, may apply at the foot of this decree for other or further action or relief, and this Court retains jurisdiction of the suit for the purpose of any order or direction or modification of this decree, or any supplemental decree that it may deem at any time to be proper in relation to the subject matter in controversy. The fact that a party to this cause has not filed exceptions to the report of the Special Master or to the provisions of this decree shall not estop such party at any time in the future from applying for a modification of the provisions of this decree, notwithstanding any action taken by any party under the terms of this decree.

XI. COSTS OF THIS PROCEEDING. The costs of this proceeding shall be paid by the parties in the following proportions: State of New Jersey, 26% per cent, City of New York, 26% per cent, State of New York, 10 per cent, Commonwealth of Pennsylvania, 26% per cent, and State of Delaware, 10 per cent.

Theodore D. Parsons, Attorney General of New Jersey, Robert Peacock, Deputy Attorney General, 'and Kenneth H. Murray for complainant.

Nathaniel L. Goldstein, Attorney General, Wendell P. Brown, Solicitor General, and Edward L. Ryan, Assistant Attorney General, for the State of New York; and Denis M. Hurley, John P. McGrath, Jeremiah M. Evarts, James J. Thornton, Richard H. Burke and John Suglia for the City of New York, defendants.

Frank F. Truscott, Attorney General, George G. Chandler, Bernard G. Segal, Wm. A. Schnader and Harry F. Stambaugh for the State of Pennsylvania; and H. Albert Young, Attorney General, and Vincent A. Theisen, Chief Deputy Attorney General, for the State of Delaware, intervenors.

Miscellaneous Orders.

June 7, 1954.

347 U.S.

No.. IRWIN v. RAILROAD COMMISSION OF TEXAS ET AL. The application for a stay, referred to the Court by MR. JUSTICE BLACK, is denied. D. Worth Clark, Philip W. Amram, Cyril J. Smith and Ralph W. Yarborough for petitioner. John Ben Shepperd, Attorney General of Texas, and Phillip Robinson, Assistant Attorney General, for the Railroad Commission of Texas, respondent.

No. 550. MORRIS v. PARKER ET AL. Samuel Berman and Solomon H. Feldman, executors of the estate of Max R. Morris, deceased, substituted as parties appellant.

No. 510. FRIEDBERG v. UNITED STATES. Petition for rehearing granted. The order denying certiorari, ante, p. 916, is vacated and petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Robert N. Gorman and Stanley A. Silversteen for petitioner. Robert L. Stern, then Acting Solicitor General, Assistant Attorney General Holland, Ellis N. Slack and David L. Luce for the United States. Reported below: 207 F. 2d 777.

No. 67. EMSPAK V. UNITED STATES. United States Court of Appeals for the District of Columbia Circuit. Certiorari granted, except as to question No. 4 presented by the petition for the writ, 346 U. S. 809. Argued January 12-13, 1954. This case is ordered restored to the docket for reargument. David Scribner, Frank J. Donner, Arthur Kinoy and Allan R. Rosenberg for petitioner. Robert L. Stern, then Acting Solicitor General, Assistant Attorney General Olney, Beatrice Rosenberg, Carl H. Imlay and John R. Wilkins for the United States. Ernest Angell, Osmond K. Fraenkel, Arthur Garfield