United States Supreme Court

In this case in which 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 recommendations of the Special Master granting partial disgorgement of profits but no injunction for Kansas were adopted. The Court now decrees: 1) Nebraska is not liable for evaporative losses from Harlan County Lake during 2006; 2) Evaporation from the non-federal reservoirs located in Nebraska is a Beneficial Consumptive use under the Compact and must be accounted for as such; 3) Nebraska's consumption in 2005 and 2006 exceeded its Compact allocation; 4) Nebraska must pay $5.5 million within 60 days of this order; 5) the parties respective responsibilities for the fees and costs awarded to the Special Master are Kansas (40%), Nebraska (40%), and Colorado (20%); and 6) the parties' previous payments made to the Special Master discharge in full their respective obligations to pay for or share among themselves fees and costs awarded to the Special Master together with any costs that might have otherwise been assessed.

Appellate Information

• Decided 03/09/2015
• Published 03/09/2015

Judges

Court

• United States Supreme Court

Counsel