U.S. District Court Judge Terrence Boyle has dismissed the state of North Carolina’s long running lawsuit challenging Alcoa’s ownership of 40-mile segment of the Yadkin River bed.

At issue was who controls the river bed since Alcoa no longer operates an aluminum smelter plant using hydroelectric power drawn form the river. Gov. Pat McCrory and his predecessor Bev Perdue maintained that with the plant no longer in operation, control of the Yadkin’s water flow reverts to the state.

In his opinion, Boyle says that was never made clear:

“Unfortunately for the state, hindsight is often better than foresight. When the state originally granted Alcoa the right to obtain the property necessary for construction of the project, no one provided for the fact that Alcoa’s use of the property might change,” the judge wrote. “While the court is not unsympathetic to the state’s concerns, it is abundantly clear that the state has no one to blame here but itself.”

No word yet from Attorney General Roy Cooper on plans for an appeal.