Montana is arguing that Wyoming’s excessive use of water from two river systems is leaving downstream Montana farms and ranches dry.
Montana Attorney General Mike McGrath called the solicitor’s legal brief “good news,” saying there is now a better chance that the nation’s highest court will review the lawsuit. The Supreme Court had asked for the solicitor general’s opinion.
Wyoming Attorney General Bruce Salzburg did not immediately return a phone call seeking comment.
Montana sued Wyoming a year ago, saying Wyoming has failed to live up to the Yellowstone Water Compact. Montana says Wyoming farmers and coalbed methane developers consume more than their fair share of water from the Powder and Tongue rivers in violation of a 1950 interstate agreement.
Wyoming has asked the Supreme Court to reject the claims, saying Montana has offered no proof it has received too little water.
North Dakota also signed the Yellowstone Compact and is only named as a defendant in the case as a formality, Montana officials have said.
Montana and Wyoming are also engaged in a separate dispute over water quality. Montana says that coalbed methane wells in Wyoming are polluting the cross-border rivers.
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