Nowadays TOOL plays the exact same setlist for an entire tour (at least for the entire leg of a given tour). Anyone who is hoping for a change in setlist is going to be very disappointed.
This may be explained at least in part by the complexity of their live show and the demands of integrating their musical performance with the visuals that they run for each song. I can understand why they don't switch things up within a given tour.
That said, it is definitely inexcusable for TOOL to not switch things up between tours. Given the amount of time off they've had, the high expectations and devotion of TOOL fans, and the vast sums of money being spent for tickets (a one-day pass to the Mile High Music Festival was $90), they need to come up with a fresh setlist for each new tour. I hope the band members of TOOL read the message boards on their fan sites -- people there are pissed!