Kansas v. Colorado

Last updated

Kansas v. Colorado
Seal of the United States Supreme Court.svg
Argued
Full case nameState of Kansas v. State of Colorado
Citations185 U.S. 125 (1902); 206 U.S. 46 (1907); 320 U.S. 383 (1943); 514 U.S. 673 (1995); 533 U.S. 1 (2001); 543 U.S. 86 (2004); 556 U.S. 98 (2009)
Prior historyOriginal Jurisdiction
ArgumentOral argument
Holding
Colorado has been using too much of the Arkansas River and so must pay interest on the judgment going back more than 20 years. Kansas gets money relief but not water.
Court membership
(1902)
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan  · Horace Gray
David J. Brewer  · Henry B. Brown
George Shiras Jr.  · Edward D. White
Rufus W. Peckham  · Joseph McKenna

(1907)
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan  · David J. Brewer
Edward D. White  · Rufus W. Peckham
Joseph McKenna  · Oliver W. Holmes Jr.
William R. Day  · William H. Moody

(1943)
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts  · Hugo Black
Stanley F. Reed  · Felix Frankfurter
William O. Douglas  · Frank Murphy
Robert H. Jackson  · Wiley B. Rutledge

(1995, 2001, 2004)
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer

(2009)
Chief Justice
John Roberts
Associate Justices
John P. Stevens  · Antonin Scalia
Anthony Kennedy  · David Souter
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito

Kansas v. Colorado is a longstanding litigation before the Supreme Court of the United States between US states: Kansas and Colorado regarding the payment for the use of the Arkansas River. The Court has rendered numerous opinions on the case:

Contents

When two states have a controversy between each other, the case is filed for original jurisdiction with the US Supreme Court. It is one of the very limited circumstances in which the court acts with original jurisdiction, as a trial court. In all other cases the court acts as the highest appellate court of the United States.

1902

The issue in the case in 1902 (185 U.S. 125) was whether Colorado, as is claimed by Kansas, is taking too much of the water of the Arkansas River, making the land along the river in Kansas much less valuable due to reduced water flow. The court chose to delay making a decision until all of the facts were in evidence. [1]

1907

In the 1907 case (206 U.S. 46), the Supreme Court affirmed its authority to settle the dispute between the states, but at the same time dismissed Kansas's petition on other grounds. After examining over 8,000 pages of transcripts that had been produced as a result of the litigation, it found that the "perceptible injury to portions of the Arkansas valley in Kansas" was justified by "the reclamation of large areas in Colorado, transforming thousands of acres into fertile fields." [2] The court explicitly invited Kansas to institute new proceedings if the situation worsened significantly.

1943

In the 1943 decision (320 U.S. 383), the court found:

  1. Colorado is entitled to an injunction against further prosecution of suits by Kansas against Colorado users [of the Arkansas River].
  2. Kansas V. Colorado, 206 U.S. 46, made no allocation between the States of the waters of the river.
  3. Kansas is not entitled on the record to an apportionment in second feet or acre feet.
  4. In controversies involving the relative rights of States, the burden on the complaining State is much heavier than that generally required to be borne by private parties, and this Court will intervene only where a case is fully and clearly proved.
  5. Kansas' allegations that Colorado's use has materially increased since the [1907] decision in Kansas v. Colorado, and that the increase has worked a serious detriment to the substantial interests of Kansas, are not sustained by the evidence.
  6. Relief other than the restraint of further prosecution of suits by Kansas against Colorado users [of Arkansas River water] is denied to both States. [3]

1985

In 1985, Kansas filed suit against Colorado alleging they had overused their share of water outlined in the Arkansas River Compact. For the next 24 years, Kansas spent over $20 million and 250 days in trial to convince the US Supreme Court that Colorado violated the Arkansas River Compact. The courts found that Colorado had indeed depleted flows to Kansas through their development of groundwater pumping installed after 1949. In April 2005, Kansas was awarded $34 million in damages and $1 million in legal costs. Then in March 2009, the final document was issued, requiring the use of a hydrologic-institutional model to bring Colorado to compliance.

1995

In the 1995 case (514 U.S. 673), the court stated

Kansas and Colorado negotiated [and Congress approved in 1949] the Arkansas River Compact to settle disputes and remove causes of future controversies over the river's waters and to equitably divide and apportion those waters and the benefits arising from the United States' construction, operation, and maintenance of John Martin Reservoir.

A special master decided that

Kansas and Colorado both filed exceptions to the Special Master's report. The court overruled the objections and found the special master's rulings correct on these points. [4]

2001

In the 2001 decision (533 U.S. 1), a special master ordered Colorado to pay damages for its use of water in excess of what it was entitled to have from 1969 on. Colorado objected to the decision because in addition to monetary damages, it had to pay prejudgment interest from 1969, and Kansas objected to the settlement because it was granted an award in money rather than in water. The court sided with the special master on both points: Colorado has to pay interest on the judgment from 1969, and all Kansas gets is cash. [5]

2009

Kansas has filed an exception to the Special Master's Fifth and Final Report in this action concerning the Arkansas River, contending that the Special Master erred in concluding that 28 U. S. C. §1821(b), which sets the witness attendance fee for a proceeding in "any court of the United States" at $40 per day, applies to cases within this Court's original jurisdiction. This determination led to an award considerably lower than the amount that Kansas, as the prevailing party, would have received under its alternative calculation.

Held: Expert witness attendance fees that are available in cases brought under this Court's original jurisdiction shall be the same as the expert witness attendance fees that would be available in a district court under §1821(b). Kansas contends that Congress has never attempted to regulate a prevailing party's recovery of expert witness fees in a case brought under this Court's original jurisdiction, that Article III of the Constitution would not permit Congress to impose such a restriction, and thus, that the holding in Crawford Fitting Co. v. J. T. Gibbons, Inc. , 482 U. S. 437 – that district courts must adhere to §1821(b)'s witness attendance fee limitations—is not relevant here. Assuming that Kansas' interpretation is correct and that this Court has discretion to determine the fees that are recoverable in original actions, it is nevertheless appropriate to follow §1821(b). Congress' decision not to permit a prevailing party in the lower courts to recover its actual witness fee expenses departs only slightly from the "American Rule," under which parties generally bear their own expenses. There is no good reason why the rule for recovering expert witness fees should differ markedly depending on whether a case is originally brought in district court or this Court. District-court cases may be no less complex than those brought originally in this Court. And while the parties in original cases may incur substantial expert costs, as happened here, the same is frequently true in lower court litigation. Thus, assuming that the matter is left entirely to this Court's discretion, the best approach is to have a uniform rule that applies in all federal cases. Pp. 3–5. [6]

See also

Related Research Articles

<span class="mw-page-title-main">Republican River</span> River in Colorado, United States

The Republican River is a river in the central Great Plains of North America, rising in the High Plains of eastern Colorado and flowing east 453 miles (729 km) through the U.S. states of Nebraska and Kansas.

<span class="mw-page-title-main">Arkansas River</span> Major tributary of the Mississippi River, United States

The Arkansas River is a major tributary of the Mississippi River. It generally flows to the east and southeast as it traverses the U.S. states of Colorado, Kansas, Oklahoma, and Arkansas. The river's source basin lies in Colorado, specifically the Arkansas River Valley. The headwaters derive from the snowpack in the Sawatch and Mosquito mountain ranges. It flows east into Kansas and finally through Oklahoma and Arkansas, where it meets the Mississippi River.

In the United States, an interstate compact is a pact or agreement between two or more states, or between states and any foreign sub-national government.

<i>United States v. Washington</i> 1974 court case

United States v. Washington, 384 F. Supp. 312, aff'd, 520 F.2d 676, commonly known as the Boldt Decision, was a legal case in 1974 heard in the U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit. The case re-affirmed the rights of American Indian tribes in the state of Washington to co-manage and continue to harvest salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had. This included their traditional locations off the designated reservations.

<span class="mw-page-title-main">Colorado River Compact</span> US interstate water allocation agreement

The Colorado River Compact is a 1922 agreement that regulates water distribution among seven states in the southwestern United States. The contract is about the area within the drainage basin of the Colorado River.

<span class="mw-page-title-main">Colorado Supreme Court</span> Highest court in the U.S. state of Colorado

The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the court was established in 1876. It consists of a Chief Justice and six Associate Justices who are appointed by the Governor of Colorado from a list of candidates approved by a state judicial commission. Each justice faces a retention election two years after his or her appointment and every ten years thereafter, with mandatory retirement at age 72.

New Jersey v. Delaware, 552 U.S. 597 (2008), is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Court's original jurisdiction under 28 U.S.C. § 1251(a), following Delaware's denial of oil company BP's petition to build a liquefied natural gas pipeline and loading facility on the New Jersey side of the Delaware River. Delaware denied BP's petition because it violated Delaware's Coastal Zone Act. BP then sought New Jersey's approval of the project. Delaware objected because the construction would require dredging of underwater land within Delaware's borders, which extend to the low-tide mark of the New Jersey shore. BP's proposal had not yet passed New Jersey's approval process when New Jersey and BP filed suit against Delaware.

Arizona v. California is a set of United States Supreme Court cases, all dealing with disputes over water distribution from the Colorado River between the states of Arizona and California. It also covers the amount of water that the State of Nevada receives from the river as well.

Hinderlider v. La Plata River & Cherry Creek Ditch Co., 304 U.S. 92 (1938), is a US Supreme Court case that said a "general common law" or "general federal common law" no longer exists in the American legal system and is unconstitutional. However, federal courts retain the power to create federal common law in specific areas related to federal rights and interests.

Pennsylvania v. New York, was a case which were heard in 1972 before the U.S. Supreme Court. The initial filing was allowed at 407 U.S. 206 and the final decision was ordered at 407 U.S. 223 (1972).

<span class="mw-page-title-main">Oklahoma Water Resources Board</span>

The Oklahoma Water Resources Board (OWRB) is an agency in the government of Oklahoma under the Governor of Oklahoma. OWRB is responsible for managing and protection the water resources of Oklahoma as well as for planning for the state's long-range water needs. The Board is composed of nine members appointed by the Governor with the consent of the Oklahoma Senate. The Board, in turn, appoints an Executive Director to administer the agency.

<span class="mw-page-title-main">Water in Colorado</span> State of Colorado water use and rights

Water in Colorado is of significant importance, as the American state of Colorado is the 7th-driest state in America. As result, water rights generate conflict, with many water lawyers in the state.

<span class="mw-page-title-main">Delphus E. Carpenter</span>

Delphus E. Carpenter (1877–1951) was the Commissioner of Interstate Streams for the State of Colorado at a time when Western States' water rights were becoming a legal battleground, and became the primary driver behind the Colorado River Compact of 1922.

New Jersey v. New York, 523 U.S. 767 (1998), was a U.S. Supreme Court case that determined that roughly 83% of Ellis Island was part of New Jersey, rather than New York State.

Koontz v. St. Johns River Water Management District, 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nexus" and "rough proportionality" standards of Nollan v. California Coastal Commission and Dolan v. City of Tigard, even if the condition consists of a requirement to pay money, and even if the permit is denied for failure to agree to the condition. It was the first case in which monetary exactions were found to be unconstitutional conditions.

The Montana Water Court is a court of law in the U.S. state of Montana which has jurisdiction over the adjudication of water rights. The filing, verification, recording, and enforcement of water rights in the Montana Territory and, later, the state of Montana were considered highly inadequate until 1972, when a new state constitution required a more robust, highly centralized water rights legal system. Implementation of this system led to the establishment of the Water Court in 1979, after six years of mixed success with an administrative solution. The Water Court consists of a Chief Water Judge, Associate Water Judge, and four District Water Judges, but most work is handled by special masters. The process of identifying, verifying, and adjudicating water rights is a complex one, and budgetary and personnel issues have slowed the work at times. Appeals from the Water Court are made directly to the Montana Supreme Court.

<span class="mw-page-title-main">Original jurisdiction of the Supreme Court of the United States</span> When cases are heard without going through lower courts

The Supreme Court of the United States has original jurisdiction in a small class of cases described in Article III, section 2, of the United States Constitution and further delineated by statute.

Florida v. Georgia, 585 U.S. ___ (2018), was a decision by the Supreme Court of the United States in an original jurisdiction case. It involves a long-running dispute over waters within the ACF River Basin, running from the north Georgia mountains through metro Atlanta to the Florida panhandle, which is managed by the United States Army Corps of Engineers. Waters in the area have been stressed by the population growth of Atlanta over previous decades. The immediate case stemmed from droughts in 2011 and 2012 that caused economic damage to Florida due to lower water flows from the ACF River Basin into the panhandle, impacting its seafood production; Florida sought relief to have more water allocated towards them from the ACF by placing a water allocation cap on Georgia. The Supreme Court assigned a special master to review Florida's complaint, but ultimately found in 2016 that Florida had not fully demonstrated the need for more allocation. Florida challenged this determination to the Supreme Court. On June 27, 2018, the Supreme Court ruled 5–4 that the special master had not properly considered Florida's argument and remanded the case to be reheard and reviewed.

Texas v. New Mexico and Colorado, 583 U.S. ___ (2018), was a Supreme Court case argued and decided during the 2017 term of the Supreme Court of the United States. The case involved an interstate dispute regarding New Mexico's compliance with the Rio Grande Compact of 1938, an agreement which established a plan for equitable apportionment of the water in the Rio Grande Basin among the states of Colorado, New Mexico, and Texas. The Court considered the question of whether the U.S. federal government had a legal right to join litigation against New Mexico; the Court ruled that the federal government was within its rights when it did so.

References

  1. Kansas v. Colorado, 185 U.S. 125 (1902).
  2. Kansas v. Colorado, 206 U.S. 46 (1907).
  3. Kansas v. Colorado, 320 U.S. 383 (1943).
  4. Kansas v. Colorado, 514 U.S. 673 (1995).
  5. Kansas v. Colorado, 533 U.S. 1 (2001).
  6. Kansas v. Colorado, 556 U.S. 98 (2009).