Kansas v. Colorado, 514 U.S. 673, 7 (1995)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 514 U. S. 673 (1995)

Opinion of the Court

tion and maintenance by the United States of John Martin Reservoir." Id., at 1-2 (Articles I-A, I-B). Article IV-D, the provision of the Compact most relevant to this dispute, states:

"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 purposes of water utilization and control, as well as the improved or prolonged functioning of existing works: Provided, that the waters of the Arkansas River . . . 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 5 (emphasis added).

In 1983, Kansas conducted an independent investigation of possible violations of the Compact arising from the impact of increases in post-Compact well pumping in Colorado and the operation of two of the federal reservoirs. Report 9-10. In December 1985, Kansas brought this original action against the State of Colorado to resolve disputes arising under the Compact. Id., at 10. The Court granted Kansas leave to file its complaint, Kansas v. Colorado, 475 U. S. 1079 (1986), and appointed Judge Wade H. McCree, Jr., to serve as Special Master, Kansas v. Colorado, 478 U. S. 1018 (1986). Upon Judge McCree's death, the Court appointed Arthur L. Littleworth as Special Master. Kansas v. Colorado, 484 U. S. 910 (1987).

Kansas advanced three principal claims, each involving an

alleged Compact violation. See Report 58. First, Kansas alleged that increases in groundwater well pumping in Colorado in the years following adoption of the Compact have caused a significant decline in the Arkansas River's surface


Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007