Ppl Montana, LLC v. Montana
132 S. Ct. 1215
| SCOTUS | 2012Background
- Montana seeks title to riverbeds under navigable segments of the Missouri, Madison, and Clark Fork rivers for rent collection to PPL Montana.
- Three rivers flow through Montana; statehood navigability governs riverbed title under the equal-footing doctrine.
- Montana sued and obtained a summary judgment that it owns the disputed riverbeds and can charge rent.
- Montana Supreme Court adopted a liberal, segment-discounting approach deeming disputed segments navigable based on present uses.
- This Court reverses, holding segment-by-segment navigability governs title and portages can defeat navigability for title purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is segment-by-segment navigability proper for riverbed title claims | Montana favors segment-based findings | Traditional segment approach governs title | Yes; segment approach controls title decisions. |
| Do overland portages defeat navigability for title purposes | Portages do not defeat navigability | Portages can defeat navigability under binding precedent | Portages may defeat navigability; Great Falls reach nonnavigable. |
| May present-day recreational use show navigability at statehood | Present-day use bears on navigability at statehood | Only historical use at statehood matters | No; present-day use cannot establish navigability at statehood absent compatibility with historical conditions. |
| What is the burden of proof on navigability in riverbed title cases | State bears burden to prove navigability | PPL challenging Montana’s navigability finding | Burden not clearly resolved; Montana’s reasoning insufficient. |
Key Cases Cited
- Shively v. Bowlby, 152 U. S. 1 (1894) (navigability doctrine foundational for title in soil under navigable waters)
- The Daniel Ball, 10 Wall. 557 (1871) (navigable-in-fact test for waterways used as highways of commerce)
- Utah, 283 U. S. 64 (1931) (segment-by-segment navigability and state title under equal-footing; segments may vary in navigability)
- Montello, 20 Wall. 430 (1874) (portage analysis; distinguish river navigation for commerce regulation vs. title)
- Brewer-Elliott Oil & Gas Co. v. United States, 260 U. S. 77 (1922) (navigability at locus in quo for title purposes; portage not controlling there)
- Oklahoma v. Texas, 258 U. S. 574 (1922) (segmentation possible to determine navigability and title)