Kansas v. Nebraska and Colorado
Issues
In a water compact between two states, what remedies are available to an injured state if the other state breaches the compact?
The Supreme Court has original jurisdiction over disputes arising between states. In this case, Kansas has revived previous litigation regarding a water compact between itself and Nebraska, seeking damages ranging from monetary relief to contempt of court and injunctive relief. Kansas and Nebraska disagree on what type of relief is proper when a state breaches a compact and how the compact at hand should calculate water usage. The Court’s ruling in this case will impact the remedies available for a state when another state breaches a water rights agreement and could serve as important precedent for water rights cases as the Western United States potentially enters into a period of sustained drought.
Questions as Framed for the Court by the Parties
Should the Court reform the RRCA Accounting Procedures to correct what Nebraska and Colorado contend is a mistake in those procedures? By what amount of water did Nebraska fail to meet the applicable 2006 compliance test? And what is the remedy to which Kansas is entitled as a result? (Report of the Special Master at 14).
On May 3, 2010, Kansas filed a Motion with the Supreme Court of the United States that revived previous litigation between Kansas and Nebraska concerning a water rights dispute. See Report of the Special Master at 9. The dispute reflects ongoing tensions between Kansas and Nebraska concerning a water rights agreement signed in 1943.
Edited by
Additional Resources
Steve Eder: Kansas vs. Nebraska Heads Back to Court, The Wall Street Journal (Aug. 13, 2012).