In this dispute between Utah and the United States over certain
waters and shorelands of the Great Salt Lake, the United States'
exceptions to the Special Master's report are overruled, and the
proposed decree, except as modified by agreement of the parties, is
adopted and entered.
PER CURIAM and DECREE.
We heard oral argument upon the exceptions to the Report of the
Special Master filed by the United States. 419 U.S. 814 (1974). We
overrule the exceptions and adopt, and direct the entry of, the
decree proposed by the Special Master except that, as agreed by the
parties, paragraph No. 1 of the proposed decree is modified in form
by revising the phrasing of the opening paragraph to read as
follows:
"1. Subject to any federal regulatory authority that may extend
to the Great Salt Lake or its shorelands, the United States of
America, its departments
Page 420 U. S. 305
and agencies, are enjoined from asserting against the State of
Utah any claim of right, title and interest:"
Further, Finding of Fact No. 10 is adjusted, as agreed by the
parties, by inserting 4200.8 in lieu of 4200.2, and by inserting
396,000 in lieu of 325,000.
For the purpose of giving effect to the above, the following
decree is hereby entered.
IT IS ORDERED, ADJUDGED, AND DECREED THAT:
"1. Subject to any federal regulatory authority that may extend
to the Great Salt Lake or its shorelands, the United States of
America, its departments and agencies, are enjoined from asserting
against the State of Utah any claim of right, title and
interest:"
"(a) to any of the exposed shorelands situated between the edge
of the waters of the Great Salt Lake on June 1, 1967, and the bed
of the Lake on January 4, 1896, when Utah became a State, with the
exception of any lands within the Bear River Migratory Bird Refuge
and the Weber Basin federal reclamation project;"
"(b) to the natural resources and living organisms in or beneath
any of the exposed shorelands of the Great Salt Lake delineated in
(a) above; and"
"(c) to the natural resources and living organisms either within
the waters of the Great Salt Lake, or extracted therefrom, as
delineated in (a) above."
"2. The State of Utah is not required to pay the United States,
through the Secretary of the Interior, for the exposed shorelands,
including any minerals, delineated in paragraph 1 above of this
decree."
"3. There remains the question whether any lands within the
meander line of the Great Salt Lake (as duly surveyed prior to or
in accordance with section 1 of the Act of June 3, 1966, 80
Stat.192), and conveyed by quitclaim deed to the State of Utah,
included
Page 420 U. S. 306
any federally owned uplands above the bed of the Lake on the
date of statehood (January 4, 1896) which the United States still
owned prior to the conveyance to Utah. In the absence of agreement
between the parties disposing of the above question or of the
necessity for further proceedings with respect thereto, the Special
Master is directed to hold such hearings, take such evidence, and
conduct such proceedings with respect to that question as he deems
appropriate and, in due course, to report his recommendations to
the Court."
"4. The prayer of the United States of America in its answer to
the State of Utah's Complaint that this Court"
"confirm, declare and establish that the United States is the
owner of all right, title and interest in all of the lands
described in Section 2 of the Act of June 3, 1966, 80 Stat.192, as
amended by the Act of August 23, 1966, 80 Stat. 349, and that the
State of Utah is without any right, title or interest in such
lands, save for the right to have these lands conveyed to it by the
United States, and to pay for them, in accordance with the
provisions of the Act of June 3, 1966, as amended,"
"is denied."
It is so ordered.
MR. JUSTICE MARSHALL took no part in the consideration or
decision of this case.
* As appears from p. 4 of the Special Master's Report, the
parties have reserved their position with respect to this
question.
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