United States Supreme Court

In a water law dispute involving whether a switch from flood to sprinkler irrigation, which increases crop consumption of water leading to a decrease in the volume of runoff and seepage returning to the river system, runs afoul of Article V(A) of the Yellowstone River Compact (Compact), judgment of the special master that the increased-efficiency allegation by Montana fails to state a claim for breach of the Compact is affirmed, where: 1) Article V(A) of the Compact incorporates the ordinary doctrine of appropriation without significant qualification; and 2) in Wyoming and Montana that doctrine allows appropriators to improve their irrigation systems, even to the detriment of down-stream appropriators.

Appellate Information

• Argued 01/10/2011
• Decided 05/02/2011
• Published 05/02/2011

Judges

• THOMAS

Court

• United States Supreme Court

Counsel