
    UNITED STATES v. LOUISIANA et al. (ALABAMA AND MISSISSIPPI BOUNDARY CASE)
    No. 9,
    Orig.
    Decided May 31, 1960,
    February 26, 1986, and March 1, 1988—Final decree entered December 12, 1960—Supplemental decree entered November 6, 1990—Supplemental decree entered February 22, 1993
   SUPPLEMENTAL DECREE

By its decision of February 26, 1985, the Court overruled the exceptions of the United States to the Report of its Special Master insofar as it challenged the Master’s determination that the whole of Mississippi Sound constitutes historic inland waters, and, to this extent, adopted the Master’s recommendations and confirmed his Report.

On March 1, 1988, the Court resolved the disagreement between the United States and Mississippi as to that portion of the Mississippi coastline at issue in the above-captioned litigation and directed parties to submit to the Special Master a proposed appropriate decree defining the claims of Alabama and Mississippi with respect to Mississippi Sound. On August 17, 1990, the parties agreed on and submitted to the Special Master a proposed decree in accordance with the Court’s decision of March 1,1988, which was approved by the Court on November 5,1990. Pursuant to that supplemental decree, the baseline (coastline) of the State of Mississippi as well as a portion of the baseline of the State of Alabama was delimited and, by stipulation of the parties, fixed, as described by coordinates in that decree. That portion of the Alabama coastline not described by coordinates in the decree remained ambulatory.

Thereafter, a dispute arose between the State of Alabama and the United States regarding their respective claims under the Submerged Lands Act, 43 U. S. C. § 1301 et seq., to offshore areas in which the baseline had not been fixed by the Court’s November 5, 1990, Decree. The parties thereafter filed a joint motion with this Court, requesting that the Court invoke its continuing jurisdiction to supplement the November 5, 1990, Decree. 498 U. S. 9 (1990). With that motion the parties submitted for the Court’s consideration a supplemental decree which would fix that portion of the Alabama baseline that had heretofore remained ambulatory, resolve the existing dispute, and avoid future jurisdictional controversies over the State of Alabama Submerged Lands Act grant.

Accordingly,

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. The parties’ joint motion to supplement the Court’s Decree of November 5,1990, is granted.

2. For the purpose of the Court’s Decree herein dated December 12, 1960, 364 U. S. 502 (defining the boundary line between the submerged lands of the States bordering the Gulf of Mexico), the coastline of the States of Alabama and Mississippi shall be determined on the basis that the whole Mississippi Sound constitutes state inland waters;

3. For the purposes of the said Decree of December 12, 1960, the coastline of Alabama includes:

(a) That portion of a straight line from a point on the eastern tip of Petit Bois Island where X = 215985 and Y = 77920 in the Alabama plane coordinate system, west zone, and X = 637152.89 and Y = 198279.25 in the Mississippi plane coordinate system, east zone, to a fixed point previously described as the western tip of Dauphin Island by the Court’s Decree of November 5, 1990, where X = 238690 and Y = 84050 in the Alabama plane coordinate system, west zone, and X = 659783.79 and Y = 204674.56 in the Mississippi plane coordinate system, east zone, lying on the Alabama side of the Alabama-Mississippi boundary;

(b) A straight line from the fixed point previously described as the western tip of Dauphin Island where X = 238690 and Y = 84050 in the Alabama plane coordinate system, west zone, to a point on the western tip of Dauphin Island where X = 240239.49 and Y = 85266.90 in the same coordinate system;

(c) The baseline delimiting Dauphin Island determined by the following points in the Alabama plane coordinate system, west zone:

E. COORD. N. COORD.

X Y

A LINE FROM 240491.79 84972.10

240848.85 84605.82 THROUGH

241013.42 84311.65 THROUGH

241205.05 84118.32 THROUGH

241590.69 84065.03 THROUGH

242413.48 83796.45 THROUGH

242694.43 83824.75 THROUGH

243220.74 83810.88 THROUGH

243580.37 83798.21 THROUGH

244027.43 83744.51 THROUGH

244536.27 83740.89 THROUGH

244878.06 83687.95 THROUGH

245246.75 83715.64 THROUGH

245641.25 83672.44 THROUGH

245973.56 83518.55 THROUGH

246464.50 83464.57 THROUGH

246886.11 83532.32 THROUGH

247307.57 83579.87 THROUGH

247711.06 83566.93 THROUGH

248158.99 83634.51 THROUGH

248606.77 83681.89 THROUGH

THROUGH 248905.97 83811.13

THROUGH 249204.96 83910.07

THROUGH 249538.75 83968.36

THROUGH 249890.17 84036.63

THROUGH 250276.60 84094.56

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THROUGH 251636.34 84075.04

THROUGH 252313.25 84272.42

THROUGH 252936.89 84379.26

THROUGH 253683.35 84485.27

THROUGH 254464.61 84550.64

THROUGH 255158.29 84636.83

THROUGH 255930.50 84661.89

THROUGH 256527.80 84768.97

THROUGH 257100.01 85058.07

THROUGH 257636.92 85317.12

THROUGH 258244.41 85636.31

THROUGH 258841.55 85723.22

THROUGH 259456.50 85850.44

THROUGH 260045.14 85977.84

THROUGH 260695.58 86165.45

THROUGH 261143.78 86283.70

THROUGH 261758.98 86451.36

THROUGH 262312.84 86629.54

THROUGH 262734.31 86687.37

THROUGH 263076.76 86735.63

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THROUGH 305664.13 89419.86

THROUGH 306268.49 89254.95

THROUGH - 306924.94 88988.76

THROUGH 307634.62 88833.42

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THROUGH 308748.98 88898.18

THROUGH 309476.70 88833.70

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THROUGH 314847.17 89260.12

THROUGH 316672.47 89397.41

THROUGH 316234.26 89475.35

THROUGH 316839.88 89553.08

THROUGH 317616.17 89529.44

THROUGH 318086.23 89708.38

TO 318369.83 90040.37

A LINE FROM 309362.32 80499.88

THROUGH 309370.61 80408.91

THROUGH 309540.79 79407.88

THROUGH 309801.70 78972.10

THROUGH 310106.82 78596.70

THROUGH 310446.88 78190.81

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THROUGH 311691.47 77265.49

THROUGH 312046.73 76879.23

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THROUGH 312920.66 76389.76

THROUGH 313348.99 76074.36

THROUGH 313707.54 75840.16

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THROUGH 314485.89 75331.01

THROUGH 314809.52 75127.30

THROUGH 315220.95 74933.24

THROUGH 315449.46 75002.79

TO 316572.98 75133.48

A LINE FROM 316237.86 74736.09

THROUGH 316429.31 74421.94

THROUGH 316761.32 74137.39

THROUGH 317252.83 74165.09

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TO 318858.57 74126.77

A LINE FROM 319734.51 73809.20

THROUGH 320172.46 73645.37

THROUGH 320408.54 73472.46

THROUGH 320793.69 73258.39

THROUGH 321144.45 73226.34

TO 321276.78 73367.11

A LINE FROM 324818.43 70814.04

THROUGH 324993.60 70722.27

TO 325117.15 70883.31

A LINE FROM 333064.90 81603.36

THROUGH 333168.82 81209.91

THROUGH 333378.02 80915.98

THROUGH 333719.43 80752.77

THROUGH 334061.32 80690.57

THROUGH 334420.93 80668.71

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THROUGH 340348.53 81884.47

THROUGH 340752.50 81973.59

THROUGH 341217.96 82082.66

THROUGH 341613.15 82171.83

THROUGH 342087.16 82230.36

THROUGH 342526.61 82410.27

THROUGH 342992.15 82539.57

THROUGH 343554.02 82628.03

THROUGH 344124.44 82665.97

THROUGH 344633.62 82744.58

THROUGH 345090.33 82863.83

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THROUGH 347117.85 83087.50

THROUGH 347715.13 83256.70

THROUGH 348180.05 83244.63

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THROUGH 349479.14 83410.91

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THROUGH 350514.82 83527.81

THROUGH 351102.43 83484.96

THROUGH 351672.90 83543.21

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THROUGH 364922.01 84117.31

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THROUGH 370885.00 83448.86

THROUGH 371446.45 83446.85

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THROUGH 378306.08 83251.23

THROUGH 378762.13 83209.28

THROUGH 379288.29 83146.90

THROUGH 379919.72 83084.17

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THROUGH 381261.98 83089.82

THROUGH 381919.70 83016.94

THROUGH 382638.87 82953.97

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THROUGH 388629.75 82641.95

THROUGH 389191.09 82599.81

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THROUGH 390901.73 82574.37

THROUGH 391393.04 82582.99

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THROUGH 392533.59 82609.86

THROUGH 393059.69 82517.38

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E. COORD. X N. COORD. Y

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THROUGH 492617.29 101613.11

THROUGH 493160.94 101734.22

THROUGH 493748.41 101825.03

TO 494142.98 101915.88.

4. The baseline described in Paragraph 3 above shall be fixed as of the date of this decree for the purposes of determining the Submerged Lands Act grant to the State of Alabama and shall from that date no longer be ambulatory.

5. The parties shall bear their own costs of these proceedings.

6. The Court retains jurisdiction to entertain such further proceedings, enter such orders, and issue such writs as from time to time may be deemed necessary or advisable to effectuate and supplement the decree and the rights of the respective parties.  