South Dakota v. Hazen

BOWMAN, Circuit Judge.

The United States Army Corps of Engineers appeals an order of the District Court enjoining the Corps, until June 1, 1990, from releasing water from Lake Oahe reservoir, located in South Dakota, into the Missouri River at a rate greater than that at which water is flowing into the reservoir. The case originally came before this Court on an emergency motion for stay pending appeal of the preliminary injunction entered by the District Court on May 9, 1990. We granted the stay on May 11, 1990, and heard oral argument of the appeal on an expedited basis on the afternoon of…