Kansas v. Colorado

14 Fla. L. Weekly Fed. S 323, 121 S. Ct. 2023, 150 L. Ed. 2d 72, 533 U.S. 1, 2001 Daily Journal DAR 5871, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20744, 2001 U.S. LEXIS 4488, 69 U.S.L.W. 4424, 2001 Colo. J. C.A.R. 2918
Supreme Court of the United States·Decided June 11, 2001·No. 105 ORIG·Published·Cited by 79 cases

Opinions

Justice Stevens

delivered the opinion of the Court.

The Arkansas River rises in the mountains of Colorado just east of the Continental Divide, descends for about 280 miles to the Kansas border, then flows through that State, Oklahoma, and Arkansas and empties into the Mississippi River. On May 20, 1901, Kansas first invoked this Court’s original jurisdiction to seek a remedy for Colorado’s diversion of water from the Arkansas River. See Kansas v. Colorado, 185 U. S. 125, 126 (1902) (statement of case). In opinions written during the past century, most recently in Kansas v. Colorado, 514 U. S. 673, 675-678 (1995), we have described the history and the importance of the river. For present purposes it suffices to note that two of those cases, Kansas v. Colorado, 206 U. S. 46 (1907), and Colorado v. Kansas, 320 U. S. 383 (1943), led to the negotiation of the Arkansas River Compact (Compact), an agreement between Kansas and Colorado that in turn was approved by Congress in 1949. See 63 Stat. 145. The case before us today in[5] volves a claim by Kansas for damages based on Colorado’s violations of that Compact.

The Compact was designed to “[s]ettle existing disputes and remove causes of future controversy” between the two States and their citizens concerning waters of the Arkansas River and to “[ejquitably divide and apportion” those waters and the benefits arising from construction and operation of the federal project known as the “John Martin Reservoir.” Arkansas River Compact, Art. I, reprinted in App. to Brief for Kansas A-l, A-2. Article IV-D of the Compact provides:

“This Compact is not intended to impede or prevent future beneficial development of the Arkansas River basin in Colorado and Kansas by Federal or State agencies, by private enterprise, or by combinations thereof, which may involve construction of dams, reservoir, and other works for the purpose of water utilization and control, as well as the improved or prolonged functioning of existing works: Provided, that the waters of the Arkansas River, as defined in Article III, shall not be materially depleted in usable quantity or availability for use to the water users in Colorado and Kansas under this Compact by such future development or construction.” Id., at A-5.

It is the proviso to that paragraph that is of special relevance to this case.

In 1986, we granted Kansas leave to file a complaint alleging three violations of the Compact by Colorado. See 514 U. S., at 679-680. After taking evidence in the liability phase of the proceeding, Special Master Arthur L. Little-worth filed his first report, in which he recommended that two of the claims be denied, but that the Court find, that post-Compact increases in groundwater well pumping in Colorado had materially depleted the waters of the river in violation of Article IV-D. See id., at 680. We overruled [6] Colorado’s exceptions to that recommendation, including an argument that Kansas was guilty of laches. Id., at 687-689. We remanded the ease to the Special Master to determine: an appropriate remedy for the violations of Article IV-D. Id., at 694. ,

After further proceedings the Special Master filed a second report recommending an award of damages. Colorado filed exceptions to that report, arguing that the Eleventh Amendment barred an award based on losses incurred by Kansas citizens, and that the report improperly recommended the recovery of prejudgment interest on an un-liquidated claim. We overruled those exceptions without prejudice to their renewal after the Special Master made a more specific recommendation for a remedy. 522 U. S. 1073 (1998). He did so in his third report, and we are now confronted with exceptions filed by both States.

In the third report, the Special Master recommends that damages be measured by Kansas’ losses, rather than Colorado’s profits, attributable to Compact violations after 1950; that the damages be paid in money rather than water; and that the damages should include prejudgment interest from 1969 to the date of judgment. Colorado has filed four objections to the report. It contends (1) that the recommended award of damages would violate the Eleventh Amendment to the United States Constitution; (2) that the damages award should not include prejudgment interest; (3) that the amount of interest awarded is excessive; and (4) that the Special Master improperly credited flawed expert testimony, with the result that Kansas’ crop production losses were improperly calculated. On the other hand, Kansas has filed an objection submitting that prejudgment interest should be paid from 1950, rather than 1969. The United States, which intervened because of its interest in the operation of flood control projects in Colorado, submits that both States’ objections should be overruled.

[7]*71 — 1

We have decided that a State may recover monetary damages from another State in an original action, without running afoul of the Eleventh Amendment.1 See, e.g., Texas v. New Mexico, 482 U. S. 124, 130 (1987) (“The Court has recognized the propriety of money judgments against a State in an original action, and specifically in a case involving a compact. In proper original actions, the Eleventh Amendment is no barrier, for by its terms, it applies only to suits by citizens against a State” (citations omitted)); see also Maryland v. Louisiana, 451 U. S. 725, 745, n. 21 (1981); South Dakota v. North Carolina, 192 U. S. 286, 317-321 (1904). Colorado contends, however, that the Eleventh Amendment precludes any such recovery based on losses sustained by individual water users in Kansas.

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Kansas v. Colorado, 14 Fla. L. Weekly Fed. S 323, 121 S. Ct. 2023, 150 L. Ed. 2d 72, 533 U.S. 1, 2001 Daily Journal DAR 5871, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20744, 2001 U.S. LEXIS 4488, 69 U.S.L.W. 4424, 2001 Colo. J. C.A.R. 2918 (U.S. 2001).

14 Fla. L. Weekly Fed. S 323 (Kansas v. Colorado) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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