Suit involves Rights on Tongue and Powder Rivers
Montana Sues Wyoming Over Water
By Dan Testa, 2-01-07
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Montana’s Governor and Attorney General announced today that the state is suing Wyoming in the U.S. Supreme Court over water rights violations on the Tongue and Powder Rivers.
“Overwhelmingly, they are using more water in Wyoming,” Gov. Schweitzer said. “They are not respecting our superior water rights.”
The suit (PDF) centers on water allocation rules set out by the 1950 Yellowstone River Compact, an agreement among Montana, Wyoming and North Dakota and ratified by U.S. Congress. The lawsuit asks the court to order Wyoming to release more water into Montana and pay for damages, though no monetary amount is specified.
Over the last 50 years, Schweitzer said, Wyoming has expanded its reservoir capacity, used more water for coalbed-methane development, and increased its use of irrigation techniques—all of which allow for less diverted water to return to the Tongue and Powder Rivers.
When those rivers flow north into Montana, the communities along those rivers suffer, Schweitzer added.
“Miles City doesn’t even have enough water to put in the (community) swimming pool,” Schweitzer said, citing shortages in 2004 and 2006. “It’s creating economic hardships in Montana.”
In a statement released after today’s announcement, Wyoming Governor Dave Freudenthal expressed “disappointment.”
“Since 2004, Montana has been agitating for a fight,” Freudenthal wrote in the statement. “I guess they finally threw the first punch. I am confident that Wyoming will prevail on this claim, but I am disappointed that Wyoming will be forced to expend millions of dollars to defend a claim that has no merit. These lawsuits drag out for years and consume vast resources and rarely result in any significant shift of water rights.”
Wyoming has 60 days to respond to the lawsuit.
Montana Attorney General Mike McGrath said he’s optimistic the Supreme Court will agree to take the case this year. McGrath also expects the Northern Cheyenne reservation, which has the Tongue River as part of its eastern border, will join the case.
“This is not a new issue. This has been going on for many years,” McGrath said. “A deal’s a deal and they haven’t held up to their part of the bargain.”
Schweitzer has set aside $3 million dollars in his budget proposal to hire water and legal experts to fight the lawsuit.
The governor also criticized three Republican Senators who voted against appropriating $100,000 dollars a year for the Department of Natural Resources and Conservation to hire a hydrologist to begin researching the issue.
“Not a single one of them has a portion of their legislative district in Wyoming,” Schweitzer said of the Republicans who voted against the proposal in a Senate Natural Resources Subcommittee. “We need Montanans to stand together.”
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GOVERNOR'S STATEMENT ON MONTANA'S LAWSUIT OVER TONGUE, POWDER RIVER
Cheyenne, Wyo. -- Governor Dave Freudenthal expressed disappointment
that Montana filed suit today against Wyoming over the apportionment of
water in the Tongue and Powder River drainages.
*Since territorial times, Wyoming and Montana have shared the waters
in the Tongue and Powder Rivers. Since 1950, the apportionment of these
waters has been controlled by the Yellowstone River Compact which
Wyoming has strictly honored,* Freudenthal said. *Prior to 2004,
Wyoming and Montana agreed on how the compact operated. Since 2004,
Montana has been agitating for a fight. I guess they finally threw the
first punch. I am confidant that Wyoming will prevail on this claim,
but I am disappointed that Wyoming will be forced to expend millions of
dollars to defend a claim that has no merit. These lawsuits drag out
for years and consume vast resources and rarely result in any
significant shift of water rights.*
Freudenthal also noted he is concerned that Montana seems intent on
managing not only its affairs but also Wyoming's.
*Since 2003, Montana has passed water quality standards on the Tongue
and Powder Rivers which they are seeking to enforce in Wyoming," he
said. "Recently, Montana Senator Baucus proposed legislation in the U.S.
Senate concerning the operation of Yellowtail Dam that would be contrary
to the Yellowstone River Compact and existing rules, regulations and
contracts of the Bureau of Reclamation. Now, Montana has filed this
lawsuit trying to direct how we apportion water to our Wyoming
irrigators."
"The last time I checked we were more than competent to administer
our own laws and problems without any help or guidance from Montana."
"I am perplexed why Montana officials have spent so much time and energy since 2003 poking Wyoming in the eye. We will vigorously defend our water rights and our sovereign interests to control our own destiny."