Kansas v. Colorado
Encyclopedia
Kansas v. Colorado is a longstanding litigation before the Supreme Court of the United States
between two states of the United States
, Kansas
and Colorado
. The Court has rendered numerous opinions in this case:
When two states have a controversy between each other, the case is filed for original jurisdiction
with the United States Supreme Court. This is one of the very limited circumstances where the court acts with original jurisdiction, i.e., as a trial court. In all other cases the court acts as the highest level appellate court in the United States.
) 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.
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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
between two states of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
and Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. The Court has rendered numerous opinions in this case:
- Kansas v. Colorado,
- Kansas v. Colorado,
- Colorado v. Kansas,
- Kansas v. Colorado,
- Kansas v. Colorado,
When two states have a controversy between each other, the case is filed for original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
with the United States Supreme Court. This is one of the very limited circumstances where the court acts with original jurisdiction, i.e., as a trial court. In all other cases the court acts as the highest level appellate court in the United States.
1902
The issue in the case in 1902 (185 U.S. 125Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
) was whether Colorado, as is claimed by Kansas, is taking too much of the water of the Arkansas River
Arkansas River
The Arkansas River is a major tributary of the Mississippi River. The Arkansas generally flows to the east and southeast as it traverses the U.S. states of Colorado, Kansas, Oklahoma, and Arkansas. The river's initial basin starts in the Western United States in Colorado, specifically the Arkansas...
, 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.
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." 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:- Colorado is entitled to an injunction against further prosecution of suits by Kansas against Colorado users [of the Arkansas River].
- Kansas v. Colorado, 206 U. S. 46, made no allocation between the States of the waters of the river.
- Kansas is not entitled on the record to an apportionment in second feet or acre feet.
- 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.
- 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.
- Relief other than the restraint of further prosecution of suits by Kansas against Colorado users [of Arkansas River water] is denied to both States.
1995
In the 1995 case (514 U.S. 673), the court stated A special masterSpecial master
In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...
decided that
- certain extra pumping of water in Colorado violates Article IV-D of the compact
- Kansas has failed to prove that the operation of Colorado’s Winter Water Storage Program violates the Compact; and
- dismiss Kansas’ claim that Colorado’s failure to abide by the Trinidad Reservoir Operating Principles violates the Compact.
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.
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, and all Kansas gets is cash.See also
- New Jersey v. DelawareNew Jersey v. DelawareNew Jersey v. Delaware, 552 U.S. 597 , is a United States Supreme Court case in which New Jersey sued Delaware, invoking the Supreme Court's original jurisdiction under , following Delaware's denial of oil company BP's petition to build a liquefied natural gas pipeline and loading facility on the...
, another ongoing interstate dispute often heard before the Supreme Court. - List of United States Supreme Court cases, volumes 185, 206, 320, 514, 533
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
External links
- Kansas v. Colorado
- http://www.supremecourt.gov/opinions/08pdf/105Orig.pdf
- KANSAS v. COLORADO, 543 U.S. --- -- US Supreme Court Cases from Justia & Oyez
- Arkansas River Compact - Colorado Water Conservation Board
- FindLaw | Cases and Codes "Kansas v. Colorado"