Kansas v. Nebraska and Colorado (574 U.S. 445)

U.S. Supreme Court · decided February 24, 2015 · Supreme Court Database (Spaeth)

Citation
574 U.S. 445 · 135 S. Ct. 1042
Decided
February 24, 2015
Term
October Term 2014
Vote
6–3
Majority author
Justice Kagan
Issue area
Interstate Relations
Outcome
Petitioning party won
Ideological direction
Unspecifiable

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus KANSAS v. NEBRASKA ET AL. ON EXCEPTIONS TO REPORT OF SPECIAL MASTER No. 126, Orig. Argued October 14, 2014—Decided February 24, 2015 In 1943, Congress approved the Republican River Compact, an agree- ment between Kansas, Nebraska, and Colorado to apportion the “vir- gin water originating in” the Republican River Basin. 57 Stat. 87. In 1998, Kansas filed an original action in this Court contending that Nebraska’s increased groundwater pumping was subject to regula- tion by the Compact to the extent that it depleted stream flow in the Basin. This Court agreed. Ensuing negotiations resulted in the 2002 Final Settlement Stipulation (Settlement), which established mecha- nisms to accurately measure water and promote compliance with the Compact. The Settlement identified the Accounting Procedures, a technical appendix, as the tool by which the States would measure stream flow depletion, and thus consumption, due to groundwater…

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