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Remedies Keyed to Tabb, 8th
Kansas v. Colorado
Citation:
533 U.S. 1 (2001)Facts
The Arkansas River flows from Colorado through Kansas and other states to the Mississippi River. In 1949, Kansas and Colorado entered into the Arkansas River Compact, approved by Congress, to equitably divide and apportion the river’s waters. Article IV-D of the Compact prohibited future development that would materially deplete waters in usable quantity or availability to water users in both states. After 1950, Colorado allowed significant increases in groundwater well pumping that depleted surface water flows to Kansas. Kansas farmers suffered crop losses due to reduced water availability. In 1986, Kansas filed suit in the Supreme Court’s original jurisdiction alleging Compact violations. The Court found Colorado violated Article IV-D and remanded for determination of remedies. The Special Master recommended monetary damages measured by Kansas’ losses, including crop losses to individual farmers, with prejudgment interest from 1969 (when Colorado knew or should have known of violations). Kansas claimed approximately $62.4 million in total damages, of which approximately $41 million represented prejudgment interest. Colorado objected on Eleventh Amendment grounds, challenged the award of prejudgment interest on unliquidated claims, disputed the interest rate and accrual date, and contested the crop loss calculations.
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