United States Supreme Court

In this case, plaintiff Kansas and defendant Nebraska engaged in litigation concerning a dispute over their rights to the waters of the Republican River Basin, as set out in an interstate compact. The first round of litigation ended with a settlement agreement designed to promote future compliance with the compact's terms. Kansas seeks exceptional relief, both partial disgorgement of gains and an injunction, for Nebraska's conceded overconsumption of water. The case was referred to a Special Master who made recommendations as to appropriate equitable remedies. The recommendations of the Special Master granting partial disgorgement but no injunction for Kansas, and reforming the technical appendix to the settlement for Nebraska, are adopted, where: 1) compelling Nebraska to disgorge profits deters it from taking advantage of its upstream position to appropriate more water than the compact allows; and 2) amending the Accounting Procedures ensures that the compact's provisions will govern the division of only the Basin's water supply.

Appellate Information

• Decided 02/24/2015
• Published 02/24/2015

Judges

• Kagan

Court

• United States Supreme Court

Counsel