Montana v. Wyoming and North Dakota

Docket No.	Argument	Opinion	Vote	Author	Term
137 Original	Jan 10, 2011 Tr.Aud.	May 2, 2011	7-1	Thomas	OT 2010

Holding: Original; Montana has failed to state a claim for breach of the Yellowstone River Compact. Wyoming's more efficient irrigation systems are permissible under the Compact as long as the water conserved by those systems is used to irrigate the same acreage watered in 1950. (Kagan, J., recused).

Plain English Holding: Wyoming did not violate the Yellowstone River Compact by allowing Wyoming residents to implement more efficient irrigation systems on the farmland that existed when the compact was signed, even though the result is less water flowing downstream to Montana.

Judgment: Montanaâ€™s exception to the report of the Special Master is overruled., 7-1, in an opinion by Justice Thomas on May 2, 2011. Justice Scalia filed a dissenting opinion. (Kagan, J., recused).

SCOTUSblog Coverage

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Court takes on foreign policy dispute (UPDATED) (Lyle Denniston)
January's arguments: In Plain English (Lisa McElroy)
Argument recap: The murky depths of water law (Lyle Denniston)
Argument preview: Upstream rights, downstream woes (Lyle Denniston)
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Justice Kagan pays tribute to Justice Stevens

On July 22 in the Great Hall of the Supreme Court, Justice Elena Kagan paid tribute to her predecessor on the bench, the late Justice John Paul Stevens, who died on July 16 at age 99.

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Editor's Note :

Montana v. Wyoming and North Dakota

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Briefs and Documents

Merits Briefs

Certiorari-stage documents

Featured Posts

Remembering Justice Stevens: A lost link to our past – Gregory Garre

Challengers respond in dispute over funding for border wall – Amy Howe

Justice Stevens at oral argument: Often fatal; always kind – Paul Clement

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