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Montana v. Wyoming and North Dakota

Docket No.137 Original
ArgumentJan 10, 2011

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

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

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