Supreme Court of the United States · Official docket →

Kansas, Plaintiff v. Colorado

Original jurisdiction

Decided · March 9, 2009

Counsel of record

For petitioner
—

For respondent
David Robbins

Case

Conference history
Distributed for 25 conferences

Argument & decision

Argued March 21, 1995 — . Audio and transcript

Decided May 15, 1995. Opinion by STEVENS.

Proceedings

Mar 19 2024
Letter from the parties transmitting amendments to decree received.
Nov 09 2015
Letter from parties transmitting four documents: 2011 Agreement as Amended August, 2015; Agreement on Implementation of John Martin Reservoir Revised Elevation-Area-Capacity Tables in the H-1 Model (2015 Agreement); Amended Appendix B 1 8/2015; Amended Appendix C 1 8/2015
Dec 06 2011
Parties submitted original copies of September 15, 2011 "Agreement on H-1 Model Changes to Address Increases in Irrigation Efficiency for Pumped Groundwater" and amendments to Appendix B.1 and Appendix C.1 of the March 9, 2009 decree.
Aug 04 2009
Letter from the parties relinquishing retained jurisdiction with a copy of the Ammended Appendix A.4.
Jun 02 2009
Record received from the Special Master Aurthur Littleworth. (2 boxes)
May 18 2009
Motion for discharge of special master GRANTED, and Arthur Littleworth, of Riverside, California, the Special Master in this case, is hereby discharged with the thanks of the Court.
Apr 28 2009
Motion DISTRIBUTED for Conference of May 14, 2009.
Apr 24 2009
Response to Special Master's motion for discharge from respondent Colorado filed.
Apr 22 2009
Response to Special Master's motion for discharge from petitioner Kansas filed.
Apr 10 2009
Motion for discharge of special master filed by Special Master.
Mar 09 2009
EXCEPTION OVERRULED. Alito, J., delivered the opinion for a unanimous Court. Roberts, C. J., filed a concurring opinion, in which Souter, J., joined.
Jan 12 2009
The motion of the Special Master for interim fees and expenses is granted, and the Special Master is awarded a total of $58,515.68 for the period January 1, 2008, through November 30, 2008, to be paid equally by the parties.
Dec 03 2008
Motion DISTRIBUTED for Conference of January 9, 2009.
Dec 01 2008
Argued. On Exception to the Report of the Special Master. For plaintiff: Steve Six, Attorney General, Topeka, Kan. For respondent: John W. Suthers, Attorney General, Denver, Colo.
Nov 17 2008
Motion for leave to file a sur-reply DENIED.
Nov 17 2008
Motion for interim fees and expenses for the period January 1, 2008 through November 30, 2008 filed by Special Master.
Nov 03 2008
Record received from Special Master Arthur Littleworth (1 box).
Oct 29 2008
Motion DISTRIBUTED for Conference of November 14, 2008.
Oct 21 2008
Response to Kansas' motion for leave to file and sur-reply filed by Colorado.
Oct 10 2008
Motion for leave to file a sur-reply filed by Kansas.
Sep 23 2008
CIRCULATED.
Sep 08 2008
SET FOR ARGUMENT ON Monday, December 1, 2008
Jun 09 2008
The Exception to the Report of the Special Master is set for oral argument in due course.
May 20 2008
DISTRIBUTED for Conference of June 5, 2008.
May 12 2008
Reply in Opposition to Kansas' Exception of respondent Colorado filed.
Apr 10 2008
Kansas' Exception and Brief filed.
Feb 25 2008
The motion of the Special Master for interim fees and expenses is granted, and the Special Master is awarded a total of $88,515.30 for the period January 1, 2006, through December 31, 2007, to be paid equally by the parties.
Feb 25 2008
The Fifth and Final Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days.
Feb 06 2008
Motion DISTRIBUTED for Conference of February 22, 2008.
Feb 06 2008
Report DISTRIBUTED for Conference of February 22, 2008.
Feb 04 2008
Fifth and final Report of the Special Master received
Jan 22 2008
Motion for interim fees and expenses for the period January 1, 2006 through December 31, 2007 filed by Special Master.
Feb 21 2006
The motion of the Special Master for interim fees and expenses is granted, and the Special Master is awarded a total of $57,761.43 for the period December 1, 2004, through, December 31, 2005, to be paid equally by the parties.
Feb 01 2006
Motion DISTRIBUTED for Conference of February 17, 2006.
Jan 19 2006
Motion for interim fees and expenses for the period December 1, 2004 through December 31, 2005 filed by Special Master.
Jan 10 2005
The motion of the Special Master for interim fees and expenses is granted, and the Special Master is awarded a total of $10,060.80 for the period January 26, 2004, through, November 16, 2004, to be paid equally by the parties.
Dec 07 2004
Kansas' exceptions overruled; Special Master's recommendations accepted; and case recommitted to Special Master. Breyer, J., delivered the opinion of the Court, in which Rehnquist, C.J., and O'Connor, Scalia, Kennedy, Souter, and Ginsburg, JJ., joined and in which Stevens, and Thomas, JJ., joined except for Part II. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Stevens, J., filed an opinion concurring in part and dissenting in part.
Dec 01 2004
Motion DISTRIBUTED for Conference of January 7, 2005.
Nov 23 2004
Motion for interim fees and expenses for the period January 26, 2004 through November 16, 2004 filed by Special Master.
Oct 04 2004
Argued. For plaintiff: John B. Draper, Special Assistant Attorney General, Santa Fe, N. Mex. For Colorado: David W. Robbins, Denver, Colo. For the United States: James A. Feldman, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Aug 22 2004
SET FOR ARGUMENT Monday, October 4, 2004.
Jul 23 2004
CIRCULATED.
Jul 20 2004
Record and exhibits (8 boxes) received from Special Master.
Jun 28 2004
Motion for divided argument filed by the Solicitor General GRANTED.
Jun 11 2004
Record and exhibits (28 boxes) received from Special Master
Jun 10 2004
Motion for divided argument filed by the Solicitor General.
Jun 01 2004
The motion of Kansas for leave to file a sur-reply is granted. The Exceptions to the Report of the Special Master are set for oral argument in due course.
Jun 01 2004
Sur-Reply filed by Kansas
May 11 2004
Motion DISTRIBUTED for Conference of May 27, 2004.
Apr 27 2004
Motion for leave to file sur-reply filed by plaintiff Kansas.
Mar 22 2004
Reply to the Kansas's Exceptions filed by the United States
Mar 22 2004
Reply brief of respondent Colorado opposing the exceptions of Kansas filed.
Feb 11 2004
Time to file replies to the exceptions to the Report of the Special Master extended to and including March 22, 2004 for all parties.
Jan 22 2004
Kansas' Exceptions and Brief filed.
Jan 22 2004
Lodging received from Kansas
Jan 21 2004
Letter from Colorado stating they would not file exceptions
Jan 12 2004
Motion for interim fees and expenses for the period January 18, 2003 through November 20, 2003 GRANTED.
Dec 08 2003
The Fourth Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days.
Nov 26 2003
Motion for interim fees and expenses for the period January 18, 2003 through November 20, 2003 filed by Special Master.
Nov 19 2003
Report DISTRIBUTED for Conference of December 5, 2003.
Nov 13 2003
Fourth Report of the Special Master received
Mar 03 2003
Motion of Special Master for Interim Fees and Expenses GRANTED. The Special Master is awarded a total of $239,652.85 for the period October 16, 2000 through January 17, 2003 to be paid equally by the parties.
Feb 12 2003
Motion DISTRIBUTED for Conference of February 28, 2003.
Jan 30 2003
Motion of Special Master for Interim Fees and Expenses filed.
Jul 11 2001
ORDERED ISSUED.
Jun 11 2001
Colorado's exceptions sustained in part and overruled in part; Kansas' exception overruled; and case remanded. STEVENS, J., delivered the opinion of the Court. Opinion by O'CONNOR, J, concurring in part and dissenting in part in which SCALIA and THOMAS, JJ. join.
Mar 19 2001
ARGUED.
Mar 08 2001
Record and exhibits on damages phase of case (7 Boxes) received from Special Master.
Mar 07 2001
Kansas Exhibit 1092 and Colorado Exhibit 1253 and list of all exhibits admitted during damage phase of case beginning Nov. 8, 1999 concluded Jan. 28, 2000 received.
Mar 05 2001
Motion of the Acting Solicitor General for divided argument GRANTED
Feb 27 2001
Motion of the Acting Solicitor General for divided argument filed.
Feb 02 2001
Colorado's reply to brief for the United States in opposition to Exceptions of Kansas and Colorado filed.
Feb 02 2001
Kansas' reply to brief for United States filed.
Jan 30 2001
CIRCULATED.
Jan 22 2001
Motion of Colorado for leave to file a reply to the brief of the United States is granted, the parties are allowed to and including February 2, 2001, within which to file replies. The Exceptions to the Report of the Special Master are set for oral argument in due course.
Jan 22 2001
SET FOR ARGUMENT March 19, 2001.
Jan 17 2001
Motion of Colorado for leave to file a reply to the brief of the United States filed.
Jan 04 2001
Kansas's response to Colorado's motion filed.
Jan 03 2001
DISTRIBUTED for Conference of January 19, 2001.
Jan 03 2001
Brief for the United States in opposition to Exceptions of Kansas and Colorado filed.
Jan 03 2001
Colorado's reply brief in opposition to Kansas' Exception to the Third Report of the Special Master filed and distributed.
Jan 03 2001
Reply brief of Kansas opposing Exceptions of Colorado filed and distributed.
Dec 18 2000
Time to file all replies to the Exceptions to the Special Master extended to and including January 3, 2001.
Nov 27 2000
ORDER: Motion of the Special Master for fees and reimbursement of expenses is granted, and the Special Master is awarded a total of $134,165.44 for the period February 1, 2000, through October 15, 2000, to be paid equally by the parties.
Nov 24 2000
Exceptions of Colorado to the Third Report of the Special Master filed.
Nov 24 2000
Exceptions of Kansas to the Third Report of the Special Master filed.
Nov 02 2000
Motion of Special Master for Interim Fees and Expenses filed.
Oct 10 2000
Third Report of Special Master received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days.
Sep 13 2000
DISTRIBUTED for Conference of October 6, 2000.
Aug 31 2000
Third Report of the Special Master and one volume appendix received.
Mar 20 2000
Motion of the Special Master for fees and reimbursement of expenses is granted and the Special Master is awardeda total of $112,783.95 for the period March 3, 1999, through January 28, 2000, to be paid equally by the parties.
Feb 23 2000
DISTRIBUTED for Conference of March 17, 2000.
Feb 18 2000
Motion of the Special Master for award of interim fees and expenses filed.
Apr 05 1999
Motion for fees and reimbursement of expenses GRANTED
Mar 29 1999
Letter of consent from Kansas received.
Mar 23 1999
Letter of consent from Colorado received.
Mar 17 1999
Motion of Special Master distributed for Conference April 2, 1999.
Mar 12 1999
Motion of Special Master for fees and reimbursement of expenses filed.
Jan 20 1998
The exceptions of Colorado to the Second Report of the Special Master are overruled without prejudice to Colorado's Right to renew those exceptions at the conclusion of the Special Master's redemial proceedings.
Dec 22 1997
Reply brief of Kansas filed.
Dec 22 1997
Brief of United States in opposition to Exceptions of Colorado filed.
Dec 15 1997
Motion of the Special Master for fees and reimbursement of expenses is granted, and the Special Master is awarded a total of $114, 817.19 for the period October 19, 1996, through September 9, 1997, to be paid equally by Kansas and Colorado.
Nov 25 1997
Above motion distributed (12/12/97).
Nov 24 1997
Motion of Special Master for fees and expenses filed. (NP)
Nov 20 1997
Exceptions of Colorado to Report of Special Master filed.
Oct 27 1997
Waiver of Kansas to file exceptions filed. (NP)
Oct 06 1997
The Second Report of the Special Master is received and ordered filed. Exceptions to the Report with supporting briefs may be filed within 45 days. Replies, if any, with supporting briefs may be filed within 30 days.
Sep 09 1997
Second Report of the Special Master received.
Dec 02 1996
Motion for fees and expenses GRANTED
Nov 04 1996
Motion of Special Master for interim fees and expenses filed. (NP)
Dec 11 1995
ORDER: The motion of the Special Master for fees and reimbursement of expenses for the period August 1, 1994, through November 1, 1995, is granted and the Special Master is awarded a total of $39,132.75 to be paid as follows: for the period August 1, 1994 through July 31,1995 a total of $21,518,19 to be paid 40% by Kansas, 40% by Colorado and 20% by the United States; for the period August 1, 1995 through November 1, 1995 a total of $17,614.56 to be paid equally by Kansas and Colorado.
Nov 20 1995
Motion of Special Master for Interim Fees and Expenses filed. (NP)
Jun 14 1995
CERTIFIED COPY OF ORDER SENT TO SPECIAL MASTER.
May 15 1995
EXCEPTIONS OVERRULED, AND CASE REMANDED. Rehnquist, C.J., delivered the opinion for a unanimous Court.
Mar 21 1995
ARGUED.
Feb 21 1995
ORDER: The motion of Kansas for divided argument is granted and the time is allotted as follows: Kansas - 30 minutes, Colorado - 20 minutes, the United States - 10 minutes. The motion of Colorado for divided argument is denied. The motion of the Solicitor General for divided argument is denied.
Feb 09 1995
Response of Kansas to motions of United States and Colorado for divided argument filed.
Feb 01 1995
CIRCULATED.
Jan 30 1995
SET FOR ARGURMENT TUESDAY, MARCH 21, 1995. (1ST CASE).
Jan 30 1995
Motion of Kansas for divided argument filed.
Jan 30 1995
Motion of Colorado for divided argument filed.
Jan 27 1995
Motion of United States for divided argument filed. (NP)
Jan 23 1995
ORDER: The Exceptions to the Report of the Special Master are set for oral argument in due course.
Jan 04 1995
DISTRIBUTED for Conference of (Jan. 20, 1995 Conf).
Jan 03 1995
Brief for the United States in response to the exceptions of Kansas and Colorado filed.
Jan 03 1995
Kansas' reply opposing Colorado's Exceptions filed.
Dec 30 1994
Colorado's reply brief filed.
Dec 14 1994
Time to file all replies to the exceptions to the Special Master extended to and including January 3, 1995 for all parties.
Nov 17 1994
Exceptions of Kansas filed.
Nov 17 1994
Exceptions of Colorado filed.
Nov 17 1994
Brief of Wyoming as amicus curiae filed.
Oct 03 1994
ORDER: The motion of the Special Master for interim fees and expenses is granted and the Special Master is awarded $92,240.78 to be paid a follows: 40% by Kansas, 40% by Colorado and 20% by the United States. The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by the parties within 45 days. Reply briefs, if any, may be filed by the parties within 30 days.
Aug 26 1994
Motion of Special Master for Interim Fees and Expenses filed. (NP)
Aug 05 1994
Pleading index received (Special Master).
Aug 03 1994
Report of Special Master distributed. September 26, 1994.
Jul 29 1994
Report of Special Master (3 volumes) and Appendix received.
Mar 07 1994
ORDER: The motion of the Special Master for interim fees and reimbursement of expenses for the period March 1, 1993 through February 7, 1994 is granted and the Special Master is awarded a total of $202,934.15 to be paid as follows: 40% by Kansas, 40% by Colorado and 20% by the United States.
Feb 22 1994
Motion of Special Master for Interim Fees and Expenses filed.
Apr 26 1993
ORDER: The motion of the Special Master for award of interim fees and reimbursement of expenses for the period of June 22, 1992 through February 28, 1993 is GRANTED and the Special Master is awarded a total of $153,042.26 to be paid as follows: 40% by Kansas, 40% by Colorado and 20% by the United States.
Apr 19 1993
Motion of Special Master for award of compensation and expenses (period of June 22 - Feb. 28, 1993).
Apr 19 1993
DISTRIBUTED for Conference of April 23, 1993 (above motion).
Oct 05 1992
The motion of the Special Master for award of interim fees and reimbursements of expenses is GRANTED and the Special Master is awarded a total of $244,063.47 to be paid as follows 40% by Kansas, 40% by Colorado and 20% by the United States.
Jun 30 1992
Motion of the Special Master for Interim fees and expenses filed.
Jan 13 1992
Motion of the Special Master for Interim Fees and Expenses is GRANTED and the Special Master is awarded $429.457.39 to be paid in accordance with the order of Oct. 9, 1989. Justice Thomas took no part in the consideration or decision of this case.
Dec 06 1991
Further information filed by Special Master.
Nov 04 1991
Further information requested of the Special Master by the Court.
Aug 05 1991
Response by Kansas filed.
Jul 30 1991
Response by Colorado filed.
Jun 27 1991
Motion of the Special Master for interim fees and expenses.
Oct 29 1990
The motion of the Special Master for interim fees and expenses is GRANTED and the Special Master is awarded $75,973.75 for the period November 1, 1989 through September 16, 1990, to be paid by the parties as follows: 40% by Kansas, 40% by Colorado and 20% by the United States. Opinion by Justice Blackmun respecting award of fees and expenses.
Oct 15 1990
DISTRIBUTED for Conference of Oct. 26, 1990..
Oct 12 1990
Motion of the Special Master for intrim fees and expenses filed.
Dec 13 1989
Colorado's answer to the First Amended Complaint and Counterclaim filed.
Dec 04 1989
The motion of the Special Master for award of interim fees and expenses is GRANTED and the Special Master is awarded a total of $83,082.76 to be paid by Kansas, Colorado and the United States pursuant to the allocation order filed by the Special Master on Oct. 9, 1989.
Nov 25 1989
Consent thereto filed by Colorado. (D).
Nov 15 1989
DISTRIBUTED for Conference of Dec. 1, 1989. (Motion of Special Master for interim fees and expenses and also First Amended Complaint)..
Nov 13 1989
Motion of Special Master for interim fees and expenses filed.
Nov 13 1989
First Amended Complaint filed.
Feb 21 1989
The Motion to refer to the Special Master the Motion for leave to amend to complaint is GRANTED.
Feb 01 1989
DISTRIBUTED for Conference of Feb. 17, 1989. (Above Motion)..
Jan 28 1989
Motion to refer to Special Master motion for leave to amend complaint is filed.
Dec 05 1988
The Motion of the Special Master for award of interim fees and expenses is GRANTED and the allocation set forth in the motion is approved. This amount is to be paid equally by the parties.
Nov 28 1988
DISTRIBUTED for Conference of Dec. 2, 1988. (Motion of Special Master for interim fees and expenses)..
Nov 25 1988
Response to above motion filed by Kansas.
Nov 25 1988
Response to above motion filed by Colorado.
Nov 23 1988
Motion of Special Master for interim fees and expenses filed.
Mar 07 1988
The joint motion for approval of expenses incurred by Special Master Wade H. McCree, Jr., deceased, is GRANTED and the allocation set forth in the motion is approved.
Feb 29 1988
Joint motion for approval of expenses filed. (NP).
Feb 29 1988
DISTRIBUTED for Conference of March 4, 1988. (Joint motion for approval of expenses)..
Nov 02 1987
Oath of the Special Master.
Oct 19 1987
It is ordered that Arthur L. Littleworth, Esquire, of Riverside, California, be appointed Special Master in place of Hon. Wade H. McCree, Jr., deceased. The Special Master shall have the authority to fix the time and conditions for the filing of additional pleadings and authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate. The compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses, including travel expenses,shall be charged against and be borne by the parties in such proportion as the court may hereafter direct.
Jul 21 1986
Oath of Special Master received.
Jul 07 1986
Ordered that the Hon. Wade H. McCree, Jr., of Ann Arbor, Michigan, is appointed as Special Master.
Jun 13 1986
REDISTRIBUTED for Conference of June 19, 1986. (Answer to complaint, counterclaim and motion for appointment of Special Master.).
Jun 11 1986
Kansas's reply to counterclaim filed.
May 27 1986
DISTRIBUTED for Conference of June 12, 1986..
May 22 1986
Answer to complaint, counterclaim, and motion for appointment of Special Master received.
Mar 24 1986
The motion for leave to file a Bill of Complaint is GRANTED. Defendant is allowed 60 days within which to file an answer.
Mar 18 1986
Reply brief filed by Kansas.
Mar 13 1986
Opposition filed by Colorado.
Mar 05 1986
DISTRIBUTED for Conference of March 21, 1986..
Mar 03 1986
Motion for injunctive relief or an order to compel defendant to comply with Arkansas River Compact.
Mar 03 1986
Reply brief filed by plaintiff. (Also brief in support of above motion).
Feb 19 1986
DISTRIBUTED for Conference of March 7, 1986 (Motion for leave to file Bill of Complaint filed)..
Feb 14 1986
Colorado's Brief in opposition to Motion for Leave to file Complaint filed.
Dec 16 1985
Motion for leave to file a bill of complaint filed.