Supreme Court Issues Orders on Special Master Interim Report

On October 12, 2010, the United States Supreme Court issued orders in Montana v. Wyoming (No. 137, Original). The original jurisdiction water rights case was filed before the Court in early 2007 and subsequently transferred to a Special Master prior to the Court’s review. The October 12th orders resulted from Montana’s objections to an interim report issued by the Special Master in February.

First, the Court ordered oral argument regarding whether the Special Master was correct in concluding Wyoming did not violate the 1950 Yellowstone River Compact (65 Stat. 663) by drawing the same amount of water out of river tributaries but using it more efficiently and thus depriving downstream users (in this case, Montana) of more water as a result. Second, the Court recommitted to the Special Master a question regarding whether Montana’s state water laws require it to attempt to make up water shortages by prioritizing water usage so long as doing so does not violate anyone’s rights. Finally, the Court denied Wyoming’s motion to dismiss the lawsuit and awarded fees to the Special Master, to be paid in equal parts by both parties.

It is interesting to note that the U.S. Solicitor General agreed with the Special Master in an amicus brief that Wyoming’s new efficiencies in irrigation do not violate Montana’s Compact rights and urged the Court to recommit the entire case back to the Special Master.

Disputing will be watching this case for further developments.

Tags: special masters