Montana v. Wyoming
Headline: Interstate water dispute: Court finds Wyoming liable for reduced Tongue River flows in 2004 and 2006, clears Wyoming for several earlier years, and sends the case back to fix damages.
Holding:
- Makes Wyoming liable for measured Tongue River water losses in 2004 and 2006.
- Resolves Wyoming non-liability for several earlier years listed by the Court.
- Sends the case back to the Special Master to calculate damages and other relief.
Summary
Background
The State of Montana sued the State of Wyoming and the State of North Dakota about water in the Tongue River. The dispute was heard under the Court’s original jurisdiction and tried before a Special Master. The Special Master issued a Second Interim Report, the parties filed exceptions, and the Court considered those briefs before issuing this decision.
Reasoning
The Court reviewed the Special Master’s report and the parties’ arguments. It granted Wyoming’s motion for partial summary judgment on the notice requirement for damages for the years 1982, 1985, 1992, 1994, and 1998. The Court also held that Wyoming is not liable for losses in 1981, 1987, 1988, 1989, 2000, 2001, 2002, and 2003. At the same time, the Court found that Wyoming reduced the volume of water available at the Tongue River state line by 1,300 acre-feet in 2004 and by 56 acre-feet in 2006.
Real world impact
The ruling resolves liability for many earlier years in Wyoming’s favor but establishes Wyoming’s responsibility for two specific, quantified shortages in 2004 and 2006. The case is remanded to the Special Master to determine damages and any other appropriate relief, so monetary compensation or other remedies remain to be calculated and are not yet final.
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