PPL Montana v. Montana (2011)
- Docket
- 10-218
- Decided
- 2011-01-01
Summary
Question: Does the constitutional test for determining whether a section of a river is navigable for title purposes require a trial court to determine whether the relevant stretch of the river was navigable at the time of statehood? Conclusion: Yes. In a unanimous opinion written by Justice Anthony M. Kennedy, the Court held that the trial court must consider whether the relevant stretches of the Missouri, Madison, and Clark Fork rivers were navigable when the United States granted Missouri statehood, but it also determined that those stretches were not navigable at that time. While acknowledging that the equal footing doctrine grants a state title to navigable waters upon statehood, Justice Kennedy explained that navigability in fact is based on the "natural and ordinary condition" of the water. Consequently, Justice Kennedy held that the Montana Supreme Court erred in its treatment of the question of river segments and overland portage. He noted that the Court considers the navigability of rivers on a segment-by-segment basis, rejecting the Montana Supreme Court's ruling that this approach does not apply to short interruptions of navigability. He also pointed to the physical characteristics of some of the segments in question, noting that the Great Falls reach, a seventeen mile long stretch with distinct drops also included five waterfalls and continuous rapids in between. Justice Kennedy rejected the Montana Supreme Court's reliance on the evidence of present-day, primarily recreational use of the Madison River. Evidence that initial explorers successfully portaged between segments was also not persuasive.