The Yellowstone River Compact is an interstate compact that was entered into by Montana, North Dakota, and Wyoming and ratified in 1950 for the purpose of providing for an equitable division and apportionment of the waters of the Yellowstone River and its tributaries, encouraging mutually beneficial development and use of the Yellowstone River Basin's waters, and furthering intergovernment cooperation between the three states. The Compact became effective in 1951 and provided for the creation of the Yellowstone River Compact Commission to administer the provisions of the Compact as between the states of Montana and Wyoming. [1] [2]
In 2007, Montana motioned the Supreme Court of the United States for leave of Court to file a bill of complaint against Wyoming and North Dakota, claiming that Wyoming had violated the Yellowstone River Compact by permitting the citizens of Wyoming to employ more efficient irrigation systems, causing Montana to receive less run off water than the state had originally received.
When the Compact was agreed to, irrigation was accomplished mostly by flooding crop fields. Around 65% of the water would be absorbed into the soil or evaporate, leaving 35% of the water to flow back into the source rivers and downstream. With more efficient irrigation systems such as sprinkling, 10% or less of the water flows downstream, effectively allowing Wyoming to utilize more water. [3] The Supreme Court granted the motion for leave of Court and appointed Stanford University natural resources law professor Bradford H. Thompson, Jr. as Special Master to try the case and recommend a decision to the Court. [4] Special Master Thompson concluded that because the Compact did not specify a fixed volume of water from the Yellowstone River or its tributaries that would be available to Montana, Wyoming's use of more efficient irrigation methods did not violate the Compact. [3] In the opinion for Montana v. Wyoming filed May 2, 2011, the Supreme Court agreed, holding that Montana had failed to state a claim for breach of the Compact, and that Wyoming's more efficient irrigation systems do not violate the Compact. [5]
The Missouri River is a river in the Central and Mountain West regions of the United States. The nation's longest, it rises in the eastern Centennial Mountains of the Bitterroot Range of the Rocky Mountains of southwestern Montana, then flows east and south for 2,341 miles (3,767 km) before entering the Mississippi River north of St. Louis, Missouri. The river drains semi-arid watershed of more than 500,000 square miles (1,300,000 km2), which includes parts of ten U.S. states and two Canadian provinces. Although a tributary of the Mississippi, the Missouri River is slightly longer and carries a comparable volume of water. When combined with the lower Mississippi River, it forms the world's fourth-longest river system.
The Bighorn River is a tributary of the Yellowstone, approximately 461 miles (742 km) long, in the states of Wyoming and Montana in the western United States. The river was named in 1805 by fur trader François Larocque for the bighorn sheep he saw along its banks as he explored the Yellowstone.
The Yellowstone River is a tributary of the Missouri River, approximately 692 miles (1,114 km) long, in the Western United States. Considered the principal tributary of upper Missouri, via its own tributaries it drains an area with headwaters across the mountains and high plains of southern Montana and northern Wyoming, and stretching east from the Rocky Mountains in the vicinity of Yellowstone National Park. It flows northeast to its confluence with the Missouri River on the North Dakota side of the border, about 25 miles (40 km) west of Williston.
The Jefferson River is a tributary of the Missouri River, approximately 83 miles (134 km) long, in the U.S. state of Montana. The Jefferson River and the Madison River form the official beginning of the Missouri at Missouri Headwaters State Park near Three Forks. It is joined 0.6 miles (1.0 km) downstream (northeast) by the Gallatin.
The Madison River is a headwater tributary of the Missouri River, approximately 183 miles (295 km) long, in Wyoming and Montana. Its confluence with the Jefferson and Gallatin rivers near Three Forks, Montana forms the Missouri River.
The Clarks Fork of the Yellowstone River is a tributary of the Yellowstone River, 150 mi (241 km) long in the U.S. states of Montana and Wyoming.
The Belle Fourche River is a tributary of the Cheyenne River, approximately 290 miles (470 km) long, in the U.S. states of Wyoming and South Dakota. It is part of the Mississippi River watershed via the Cheyenne and Missouri rivers. In the latter part of the 19th century, the Belle Fourche River was known as the North Fork of the Cheyenne River. Belle Fourche is a name derived from French meaning "beautiful fork".
The Cheyenne River, also written Chyone, referring to the Cheyenne people who once lived there, is a tributary of the Missouri River in the U.S. states of Wyoming and South Dakota. It is approximately 295 miles (475 km) long and drains an area of 24,240 square miles (62,800 km2). About 60% of the drainage basin is in South Dakota and almost all of the remainder is in Wyoming.
The Pick–Sloan Missouri Basin Program, formerly called the Missouri River Basin Project, was initially authorized by the Flood Control Act of 1944, which approved the plan for the conservation, control, and use of water resources in the Missouri River Basin.
In the American legal system, prior appropriation water rights is the doctrine that the first person to take a quantity of water from a water source for "beneficial use" has the right to continue to use that quantity of water for that purpose. Subsequent users can take the remaining water for their own use if they do not impinge on the rights of previous users. The doctrine is sometimes summarized, "first in time, first in right".
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel to pass safely. Navigability is also referred to in the broader context of a body of water having sufficient under keel clearance for a vessel.
Jackson Lake Dam is a concrete and earth-fill dam in the western United States, at the outlet of Jackson Lake in northwestern Wyoming. The lake and dam are situated within Grand Teton National Park in Teton County. The Snake River emerges from the dam and flows about eight hundred miles (1,300 km) through Wyoming, Idaho, Oregon, and Washington to its mouth on the Columbia River in eastern Washington.
Yellowtail Dam is a dam across the Bighorn River in south central Montana in the United States. The mid-1960s era concrete arch dam serves to regulate the flow of the Bighorn for irrigation purposes and to generate hydroelectric power. The dam and its reservoir, Bighorn Lake, are owned by the U.S. Bureau of Reclamation.
The Gibbon River flows east of the Continental Divide in Yellowstone National Park, in northwestern Wyoming, the Northwestern United States. Along with the Firehole River, it is a major tributary of the Madison River, which itself is a tributary of the Missouri River.
The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. In 1984, the Montana Supreme Court held that the streambed of any river or stream that has the capability to be used for recreation can be accessed by the public regardless of whether the river is navigable or who owns the streambed property. On January 16, 2014, the Montana Supreme Court, in a lawsuit filed by the Public Land/Water Access Association over access via county bridges on the Ruby river in Madison County, Montana reaffirmed the Montana Stream Access Law and the public's right to access rivers in Montana from public easements.
Water in Colorado is of significant importance, as the American state of Colorado is the 7th-driest state in America. As result, water rights generate conflict, with many water lawyers in the state.
The 2011 flooding on the Musselshell River in Montana began about May 21, affecting large parts of central Montana. At Mosby, Montana, the river crested at 16 feet (4.9 m) on Monday, May 23. The flood level at Mosby is 8 feet (2.4 m) and the record crest at that point along the Musselshell is 17.7 feet (5.4 m), set in 1993. The flooding was caused by up to 8 inches (200 mm) of rain combined with snowmelt.
The Colorado River is a major river of the western United States and northwest Mexico in North America. Its headwaters are in the Rocky Mountains where La Poudre Pass Lake is its source. Located in north central Colorado it flows southwest through the Colorado Plateau country of western Colorado, southeastern Utah and northwestern Arizona where it flows through the Grand Canyon. It turns south near Las Vegas, Nevada, forming the Arizona–Nevada border in Lake Mead and the Arizona–California border a few miles below Davis Dam between Laughlin, Nevada and Needles, California before entering Mexico in the Colorado Desert. Most of its waters are diverted into the Imperial Valley of Southern California. In Mexico its course forms the boundary between Sonora and Baja California before entering the Gulf of California. This article describes most of the major features along the river.
Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 568 U.S. 78 (2013), is a United States Supreme Court case in which the Natural Resources Defense Council and Santa Monica Baykeeper challenged the Los Angeles County Flood Control District (District) for violating the terms of its National Pollutant Discharge Elimination System (NPDES) permit as shown in water quality measurements from monitoring stations within the Los Angeles and San Gabriel Rivers. The Supreme Court, by a unanimous 9-0 vote, reversed and remanded the Ninth Circuit's ruling on the grounds that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a "discharge of a pollutant" under the Clean Water Act.
Florida v. Georgia, 585 U.S. ___ (2018), was a decision by the Supreme Court of the United States in an original jurisdiction case. It involves a long-running dispute over waters within the ACF River Basin, running from the north Georgia mountains through metro Atlanta to the Florida panhandle, which is managed by the United States Army Corps of Engineers. Waters in the area have been stressed by the population growth of Atlanta over previous decades. The immediate case stemmed from droughts in 2011 and 2012 that caused economic damage to Florida due to lower water flows from the ACF River Basin into the panhandle, impacting its seafood production; Florida sought relief to have more water allocated towards them from the ACF by placing a water allocation cap on Georgia. The Supreme Court assigned a special master to review Florida's complaint, but ultimately found in 2016 that Florida had not fully demonstrated the need for more allocation. Florida challenged this determination to the Supreme Court. On June 27, 2018, the Supreme Court ruled 5–4 that the special master had not properly considered Florida's argument and remanded the case to be reheard and reviewed.