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The Supreme Court announced Tuesday that it would take up a lawsuit
filed by Montana claiming that Wyoming was diverting more than its fair
share of water from the Tongue and Powder rivers.
"We're glad the U.S. Supreme Court has agreed to hear our case,"
said Montana Gov. Brian Schweitzer (D). "Water is always one of our
most valuable resources, especially in eastern Montana. Wyoming has
been shortchanging us on water for decades. Now I look forward to a
fair hearing."
At issue is the Yellowstone River Compact,
an agreement brokered in 1950 by Montana, Wyoming and North Dakota to
determine water allocation from the Tongue and Powder rivers, both of
which are tributaries of the Yellowstone River. North Dakota is not
involved in the litigation.
In the lawsuit, Montana, which last year appropriated $3 million to
fight the case, claimed that Wyoming increased its reservoir storage by
216,000 acre-feet in the Powder Basin and 9,400 acre-feet in the Tongue
Basin since the compact was agreed to. The increased water has been
funneled for use as agricultural irrigation and at coalbed methane
wells.
Montana is asking that Wyoming respect the terms of
the compact as well as award damages incurred by the state. Montana
claims it experienced severe water shortages in 2004 and 2006, a
situation that carried serious consequences for Montana's agricultural
and ranching businesses, among other operations.
Wyoming
defends its actions, claiming that it too has suffered from the
drought. In addition, Wyoming contends that Montana is seeking to
maintain Wyoming's water use to pre-1950 levels, but the state argues
in its brief, "the drafters [of the compact] allocated by percentages
to each state the right to make post-1950 use of divertible surface
water in the rivers."
With Tuesday's announcement, the
Supreme Court granted Wyoming 45 days to file a motion to dismiss the
case, which the state is expected to do, and granted Montana 30 days to
respond to that motion.
Last month, the Office of the
Solicitor General filed a brief urging the Supreme Court to accept
Montana's lawsuit against Wyoming. The solicitor general's brief said,
"In the view of the United States, the state of Montana's motion for
leave to file a bill of complaint should be granted."
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