May 26, 2012
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High Court Avoids River Dispute

The U.S. Supreme Court refused Monday to intervene in a dispute over the Missouri River.

In doing so, the high court passed up a chance to clarify when the government can order water shifting on the river to preserve fishing and recreation.

The Bush administration has faced multiple lawsuits over its management of the 2,400 mile river, which runs through seven states from Montana to Missouri and includes Nebraska. The lawsuits stem from the government's response to a prolonged 2002 drought.

The Supreme Court was asked to use the case to interpret a 1944 flood control law that created a system of dams on the Missouri River. Justices declined, without comment.

An appeals court ruled last year that under the law, reservoirs are to be used to control flooding and maintain downstream navigation, with a lower priority given to recreation, and fish and wildlife.