Montana v. Wyoming
United States Supreme Court
563 U.S. 368 (2011)
- Written by Rose VanHofwegen, JD
Facts
Farmers in Montana (plaintiff), Wyoming, and South Dakota (defendants) irrigated crops with water from the Yellowstone River. In 1950, the three states entered the Yellowstone River Compact allocating water rights among them. The compact assigned the same seniority rights to all farmers who had begun using water from the river before 1950. At the time, farmers used flood irrigation and allowed the excess to run off and return to the river. Eventually Wyoming farmers switched to sprinkler systems that increased the water crops consumed and reduced return flows to the river. Downstream Montana filed a complaint against Wyoming and South Dakota in the United States Supreme Court accusing Wyoming of using more water than the compact allocated. The court appointed a special master, who found the compact allowed pre-1950 users to use irrigation methods that increased water consumption provided the farmers did not divert more water and used the water conserved to irrigate the same acreage. The special master concluded Wyoming had not breached the compact and recommended dismissal. Montana filed an exception in opposition.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
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