Report of the Special Master is received and ordered filed.
The proposed judgment and decree are entered.
JUSTICE KAGAN took no part in the consideration or decision
of this case.
is awarded against the State of Wyoming and in favor of the
State of Montana for violations of the Yellowstone River
Compact resulting from Wyoming's reduction of the volume
of water available in the Tongue River at the Stateline
between Wyoming and Montana by 1300 acre feet in 2004 and 56
acre feet in 2006. Judgment is awarded in the amount of $20,
340, together with pre-judgment and post-judgment interest of
seven percent (7%) per annum from the year of each violation
until paid. Costs are awarded to Montana in the amount of
shall pay these damages, interest, and costs in full not
later than 90 days from the date of entry of this Judgment.
Wyoming shall make its payment into an account specified by
Montana to be used for improvements to the Tongue River
Reservoir or related facilities in Montana. Montana may
distribute these funds to a state agency or program, a
political subdivision of the State, a nonprofit corporation,
association, and/or a charitable organization at the sole
discretion of the Montana Attorney General in accordance with
the laws of the State of Montana, with the express condition
that the funds be used for improvements to the Tongue River
Reservoir or related facilities in Montana.
as herein provided, all claims in Montana's Bill of
Complaint are denied and dismissed with prejudice.
Article V(A) of the Yellowstone River Compact (Compact)
protects pre-1950 appropriative rights to the beneficial uses
of water of the Yellowstone River System in Montana from
diversions and withdrawals of surface water and groundwater
in Wyoming, whether for direct use or storage, that are not
made pursuant to appropriative rights in Wyoming existing as
of January 1, 1950.
Article V of the Compact, including the protections of
Article V(A), applies to all surface waters tributary to the
Tongue and Powder Rivers (with the exception of the explicit
exclusions set out in Article V(E) of the Compact).
Article V(A) of the Compact does not guarantee Montana a
fixed quantity or flow of water, nor does it limit Wyoming to
the net volume of water actually consumed in Wyoming prior to
January 1, 1950.
Article V(A) of the Compact protects pre-1950 appropriative
rights only to the extent they are for "beneficial uses,
" as defined in Article 11(H) of the Compact, and are
otherwise consistent with the doctrine of appropriation. In
particular, pre-1950 rights are not protected to the extent
they are wasteful under the doctrine of appropriation.
Except as otherwise expressly provided in this Decree or the
Compact, the laws of Montana and Wyoming (including rules for
reservoir accounting) govern the administration and
management of each State's respective water rights in the
implementation of Article V(A) of the Compact.