Supreme Court of the United States

Montana v. Wyoming — Scalia, J., Dissenting

May 2, 2011563 U.S. 368

Summary

Justice Scalia dissents, arguing the majority erroneously interpreted the Yellowstone River Compact to allow Wyoming to increase water consumption without reducing return flows to Montana. He contends the Compact's text defines "beneficial use" in terms of net consumption ("depleted"), not total diversion, meaning Wyoming cannot alter the pre-1950 balance.