2,606.84 Acres of Land in Tarrant County, Texas, Et Al. v. United States

Mr. Justice Douglas, whom Mr. Justice Black joins,

dissenting.

In 1945 Congress authorized the Benbrook Dam and Reservoir Project on the Clear Fork of the Trinity River near the southwest outskirts of Fort Worth, Texas. The authorization stated in part:

“The improvement of the Trinity River and tributaries, Texas, for navigation, flood control, and allied purposes is hereby approved and authorized in accordance with the reports contained in House Document Numbered 403, Seventy-seventh Congress.” § 2, 59 Stat. 18.

The project described in House Document 403 called for a gated spillway dam to be…