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MONTANA v. WYOMING

No. 137, Orig.

131 S.Ct. 1765 (2011)

563 U.S. 368

State of MONTANA, Plaintiff, v. State of WYOMING and State of North Dakota.

Supreme Court of United States.

Decided May 2, 2011.

Attorney(s) appearing for the Case

Steve Bullock, Attorney General, for Plaintiff.

Peter Kenneth Michael, for Defendant Wyoming.

William M. Jay, for United States, as amicus curiae, by special leave of the Court, supporting the Defendants.

Justice THOMAS delivered the opinion of the Court.

This case arises out of a dispute between Montana and Wyoming over the Yellowstone River Compact. Montana alleges that Wyoming has breached Article V(A) of the Compact by allowing its pre-1950 water appropriators to increase their net water consumption by improving the efficiency of their irrigation systems. The new systems, Montana alleges, employ sprinklers that reduce the amount of wastewater returned to the river...

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