|Docketed:||January 19, 2012|
|Lower Ct:||United States Court of Appeals for the Tenth Circuit|
|Decision Date:||September 7, 2011|
|Rehearing Denied:||October 21, 2011|
The questions presented are:
1. Whether Congress's approval of an interstate water compact that grants the contracting States "equal rights" to certain surface water and - using language present in almost all such compacts - provides that the compact shall not "be deemed * * * to interfere" with each State's "appropriation, use, and control of water * * * not inconsistent with its obligations under this Compact," manifests unmistakably clear congressional consent to state laws that expressly burden interstate commerce in water.
2. Whether a provision of a congressionally approved multi-state compact that is designed to ensure an equal share of water among the contracting states preempts protectionist state laws that obstruct other states from accessing the water to which they are entitled by the compact.