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 the United States of America, an interstate compact is an agreement between two or more states. Article I, Section 10 of the United States Constitution provides that "No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State." Consent can be obtained in one of three ways. First, there can be a model compact and Congress can grant automatic approval for any state wishing to join it, such as the Driver License Compact. Second, states can submit a compact to Congress prior to entering into the compact. Third, states can agree to a compact then submit it to Congress for approval, which, if it does so, causes it to come into effect. Not all compacts between states require explicit Congressional approval – the Supreme Court ruled in Virginia v. Tennessee that only those agreements which would increase the power of states at the expense of the federal government required it.
Montana is a landlocked state in the Northwestern United States. Montana has several nicknames, although none are official, including "Big Sky Country" and "The Treasure State", and slogans that include "Land of the Shining Mountains" and more recently "The Last Best Place".
North Dakota is a U.S. state in the midwestern and northern regions of the United States. It is the nineteenth largest in area, the fourth smallest by population, and the fourth most sparsely populated of the 50 states. North Dakota was admitted to the Union on November 2, 1889, along with its neighboring state, South Dakota. Its capital is Bismarck, and its largest city is Fargo.
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.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.
Irrigation is the application of controlled amounts of water to plants at needed intervals. Irrigation helps to grow agricultural crops, maintain landscapes, and revegetate disturbed soils in dry areas and during periods of less than average rainfall. Irrigation also has other uses in crop production, including frost protection, suppressing weed growth in grain fields and preventing soil consolidation. In contrast, agriculture that relies only on direct rainfall is referred to as rain-fed or dry land farming.
Surface runoff is the flow of water that occurs when excess stormwater, meltwater, or other sources flows over the Earth's surface. This might occur because soil is saturated to full capacity, because rain arrives more quickly than soil can absorb it, or because impervious areas send their runoff to surrounding soil that cannot absorb all of it. Surface runoff is a major component of the water cycle. It is the primary agent in soil erosion by water.
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]
Leland Stanford Junior University is an American private research university in Stanford, California. Stanford is known for its academic strength, wealth, proximity to Silicon Valley, and ranking as one of the world's top universities.
The Missouri River is the longest river in North America. Rising in the Rocky Mountains of western Montana, the Missouri flows east and south for 2,341 miles (3,767 km) before entering the Mississippi River north of St. Louis, Missouri. The river takes drainage from a sparsely populated, semi-arid watershed of more than half a million square miles (1,300,000 km2), which includes parts of ten U.S. states and two Canadian provinces. When combined with the lower Mississippi River, it forms the world's fourth longest river system.
The Tongue River is a tributary of the Yellowstone River, approximately 265 mi (426 km) long, in the U.S. states of Wyoming and Montana. The Tongue rises in Wyoming in the Big Horn Mountains, flows through northern Wyoming and southeastern Montana and empties into the Yellowstone River at Miles City, Montana. Most of the course of the river is through the beautiful and varied landscapes of eastern Montana, including the Tongue River Canyon, the Tongue River breaks, the pine hills of southern Montana, and the buttes and grasslands that were formerly the home of vast migratory herds of American bison. The Tongue River watershed encompasses parts of the Cheyenne and Crow Reservations. The Headwaters lie on the Big Horn National Forest, and the watershed encompasses the Ashland Ranger District of the Custer National Forest.
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 the upper Missouri, the river and its tributaries drain a wide area stretching from the Rocky Mountains in the vicinity of the Yellowstone National Park across the mountains and high plains of southern Montana and northern Wyoming.
The Little Missouri River is a tributary of the Missouri River, 560 miles (901 km) long, in the northern Great Plains of the United States. Rising in northeastern Wyoming, in western Crook County about 15 miles (24 km) west of Devils Tower, it flows northeastward, across a corner of southeastern Montana, and into South Dakota. In South Dakota, it flows northward through the Badlands into North Dakota, crossing the Little Missouri National Grassland and both units of Theodore Roosevelt National Park. In the north unit of the park, it turns eastward and flows into the Missouri in Dunn County at Lake Sakakawea, where it forms an arm of the reservoir 30 miles (48 km) long called Little Missouri Bay and joins the main channel of the Missouri about 25 miles (40 km) northeast of Killdeer.
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.
Prior appropriation water rights is the legal 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.
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and slow enough for a vessel to pass or walk. Preferably there are few obstructions such as rocks or trees to avoid. Bridges must have sufficient clearance. High water speed may make a channel unnavigable. Waters may be unnavigable because of ice, particularly in winter. Navigability depends on context: A small river may be navigable by smaller craft, such as a motorboat or a kayak, but unnavigable by a cruise ship. Shallow rivers may be made navigable by the installation of locks that increase and regulate water depth, or by dredging.
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.
Shell Creek is a tributary of the Bighorn River, approximately 50 mi (80 km) long, in Wyoming in the United States. Lying entirely within Big Horn County, Shell Creek begins above the Shell Lakes in the Bighorn Mountains. Starting at an elevation of over 11,000 ft (3,400 m), it drops to below 3,800 ft (1,200 m) as it descends the western side of the Bighorn Mountains through Shell Canyon and enters the Big Horn Basin near Shell, Wyoming. It flows into the Bighorn River, a tributary of the Yellowstone River, just north of Greybull.
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 law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with:
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 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.