An appeals court ruled last August that North Dakota could not use its anti-pollution laws to force the agency to keep more cold water in Lake Sakakawea's lower depths and help the state's fishing and recreation industries.
The states of Montana, South Dakota, Nevada and South Carolina also had asked the justices to consider North Dakota's appeal. But the Supreme Court declined to hear the case without giving a reason.
North Dakota Attorney General Wayne Stenehjem speculated that the court decided against hearing the dispute because similar arguments have not arisen in other appeals courts.