Montana v. Wyoming and North Dakota (2010)
- Docket
- 137-orig
- Decided
- 2010-01-01
Summary
Question: Has Wyoming violated the Yellowstone River Compact by leaving less water in the river for Montana's uses? Conclusion: No. In an opinion written by Justice Clarence Thomas, the Supreme Court agreed with the Special Master who found that "Montana's allegation fails to state a claim because more efficient irrigation systems are permissible under the compact so long as the conserved water is used to irrigate the same acreage watered in 1950." Justice Antonin Scalia dissented, arguing that the "court's analysis substitutes its none-too-confident reading of the common law and the compact's definition of 'beneficial use.'" Justice Elena Kagan did not take part in consideration of the case.