4/12/2024 0 Comments Montana bill of particulars![]() ![]() ![]() The Powder flows roughly north for approximately 500 miles and joins the Yellow stone at Terry, Montana its basin encompasses approxi mately 13,200 square miles. The Tongue flows approximately 225 miles northeast to its confluence with the Yellowstone near Miles City, Montana, and its basin covers approxi mately 5400 square miles. Each rises in Wyoming's Big horn Mountains. The rights to the waters of two of those tributaries, the Tongue and Powder Rivers, are at issue in Mon tana's bill of complaint. Each of those rivers flows through both Wyoming and Montana and joins the Yel lowstone River in Montana. The major inter state tributaries of the Yellowstone for purposes of the Yellowstone River Compact are the Clarks Fork, the Bighorn, the Tongue, and the Powder Rivers. The mainstem of the Yellowstone River rises in Yellowstone National Park, flows north out of Wyoming into Montana, crosses Montana in a northeasterly direction, and joins the Mis souri River just inside the North Dakota border, ap proximately 700 miles from the source. The Yellowstone River Basin is an approximately 70,100-square-mile watershed encompassing parts of Wyoming, Montana, and North Dakota. Wyoming also argues that Montana has an alternative forum for relief in the Yellowstone River Compact Commission. Wyoming responds that this Court should deny the motion because Montana has failed to state a claim under the Compact or to plead injury with sufficient particularity. Montana does not seek relief against North Dakota. Based on that interpretation of the Compact, Montana alleges that Wyoming has depleted Montana's rights under that allocation by allowing various new uses of water in the Tongue and Powder River Basins. Montana asserts that the Compact effected a full equitable division of the waters of the Tongue and Powder Rivers, tributaries of the Yellowstone River. (The text of the Compact is appended to Montana's proposed bill of complaint.) The Compact allocates the water supply of the Yellowstone River Ba sin among the States of Wyoming, Montana, and North Dakota. 663 (approving and reprinting the Compact). The State of Montana seeks leave to commence an original action to enforce its rights under the Yellow stone River Compact (Compact). In the view of the United States, the State of Montana's motion for leave to file a bill of complaint should be granted. This brief is filed in response to the order of this Court inviting the Solicitor General to express the views of the United States. BERNHARDT Solicitor JOHN MURDOCK Attorney Department of the Interior Washington, D.C. ![]() JACK HAUGRUD KEITH SAXE Attorneys Department of Justice Washington, D.C. JAY Assistant to the Solicitor General JAMES DUBOIS K. KNEEDLER Deputy Solicitor General WILLIAM M. TENPAS Assistant Attorney General EDWIN S. CLEMENT Solicitor General Counsel of Record RONALD J. ON MOTION FOR LEAVE TO FILE BILL OF COMPLAINTÄ«RIEF FOR THE UNITED STATES AS AMICUS CURIAE STATE OF WYOMING AND STATE OF NORTH DAKOTA In the Supreme Court of the United States ![]()
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