Kansas v. Nebraska and Colorado
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 126 Original | Oct 14, 2014 | Feb 24, 2015 | 6-3 | Kagan | OT 2014 |
Holding: In a dispute over states’ rights to the waters of the Republican River Basin, the Court adopts the special master’s recommendations that Nebraska had “knowingly failed” to comply with the Republican River Compact; awarding Kansas $3.7 million for its losses and $1.8 million in partial disgorgement; declining to order an injunction against Nebraska; and reforming accounting procedures to ensure that Nebraska would not be charged with using Platte River water.
Judgment: Exceptions to Special Master's Report overruled, and Master's recommendations adopted, 6-3, in an opinion by Justice Kagan on February 24, 2015. Chief Justice Roberts joins the opinion as to Parts I and III. Chief Justice Roberts and Justice Scalia filed opinions concurring in part and dissenting in part. Justice Thomas filed and opinion concurring in part and dissenting in part, in which Justices Scalia and Alito joined, and in which Chief Justice Roberts joined as to Part III.
SCOTUSblog Coverage
- Opinion analysis: Bargaining in the shadow of equitable apportionment (Ryke Longest, March 3, 2015)
- Argument analysis: State’s veto power brings Republican River modeling dispute to the Supreme Court (Ryke Longest, October 16, 2014)
- SCOTUS for law students: Original cases (Stephen Wermiel, October 13, 2014)
- Argument preview: Compact to conflict - three states argue over one river (Ryke Longest, October 12, 2014)
| Date | Proceedings and Orders |
|---|---|
| May 01 1998 | As of June 1, 2011 documents filed with the Special Master are available at www.ca1.uscourts.gov/special_master/ |
| May 26 1998 | Motion for leave to file a bill of complaint filed. |
| Jul 24 1998 | Brief in opposition of Nebraska and request for oral argument filed. |
| Aug 03 1998 | Waiver of State of Colorado to file response. |
| Aug 07 1998 | Reply brief of Plaintiff Kansas filed. |
| Aug 12 1998 | DISTRIBUTED for Conference of September 28, 1998 (p. 93). |
| Aug 20 1998 | Motion of defendent Nebraska for leave to file sur-reply brief filed. |
| Sep 02 1998 | Response of plaintiff to motion for leave to file sur-reply filed. |
| Oct 05 1998 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 18 1998 | Brief amicus curiae of the United States filed. |
| Dec 18 1998 | Lodging of the Solicitor General. |
| Dec 30 1998 | DISTRIBUTED for Conference of January 15, 1999.. |
| Jan 05 1999 | Nebraska's reply to brief of the United States as amicus curiae filed. |
| Jan 19 1999 | Motion for leave to file a bill of complaint is granted. Motion of Nebraska for leave to file a sur-reply brief is denied. Defendants are allowed 60 days within which to file an answer. |
| Mar 09 1999 | Order extending time to file an answer to the bill of complaint extended until April 19, 1999. |
| Mar 19 1999 | Answer of the State of Colorado filed. |
| Apr 19 1999 | Answer and counterclaim of Nebraska filed. |
| Apr 23 1999 | Order extending time for Kansas to respond to Nebraska's answer and counterclaim until May 24, 1999. |
| May 14 1999 | Colorado's Answer to Nebraska's Counterclaim filed. |
| May 21 1999 | Motion of Kansas to strike Nebraska's counterclaim and motion for appointment of Special Master. |
| May 25 1999 | DISTRIBUTED for Conference of June 10, 1999. |
| Jun 02 1999 | Nebraska's brief in opposition to Kansas' motion to strike Nebraska's counterclaim and motion for appointment of a Special Master filed. |
| Jun 09 1999 | Kansas' reply in support of motion to strike and motion for appointment of Special Master filed. |
| Jun 14 1999 | REDISTRIBUTED for Conference of June 17, 1999. |
| Jun 21 1999 | Motion to strike Nebraska's counterclaim is denied. Nebraska is granted leave to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure, limited to the question whether the Republican River Compact restricts a State's consumption of groundwater. If such a motion is filed, the parties shall then brief the legal issue. The motion and opening brief of Nebraska shall be filed on or before 45 days from the date of this order. Kansas' brief shall be filed within 30 days thereafter, after which Nebraska may promptly file a reply brief. Further consideration of the motion for appointment of Special Master is deferred. |
| Jul 21 1999 | Kansas' Reply to Nebraska's Counterclaims filed. |
| Aug 02 1999 | Motion of Nebraska to dismiss and brief in support thereof filed. |
| Aug 30 1999 | Order extending time to file brief of respondent on the merits until September 10, 1999. |
| Aug 30 1999 | This extension of time is granted to both Colorado and Kansas |
| Sep 08 1999 | Order further extending time to file brief of respondent on the merits until September 17, 1999. |
| Sep 10 1999 | Kansas' brief in opposition to Nebraska's motion to dismiss filed. |
| Sep 10 1999 | Brief of the United States as amicus curiae in opposition to motion to dismiss filed. |
| Sep 17 1999 | Colorado's response to Nebraska's Motion to Dismiss filed. |
| Sep 21 1999 | Affidavit of Douglas R. Littlefield received from Kansas. |
| Sep 28 1999 | DISTRIBUTED (Motion to dismiss and related responses). Oct. 15, 1999 Conference. |
| Sep 29 1999 | Nebraska's brief in response to briefs of Kansas and United States in opposition to Nebraska's motion to dismiss filed. |
| Nov 01 1999 | REDISTRIBUTED for Conference of November 5, 1999 (page 10). |
| Nov 08 1999 | REDISTRIBUTED for Conference of November 12, 1999 (page 18). |
| Nov 15 1999 | Hon. Vincent L. McKusick, Esquire, of Portland, Maine, appointed as Special Master. Motion of Nebraska to dismiss the complaint referred to the Special Master. |
| Nov 29 1999 | Oath of Special Master filed. |
| Jan 28 2000 | Report of the Special Master on Nebraska's Motion to Dismiss received. |
| Jan 28 2000 | Transcript of Hearing on Motion to Dismiss received. (NP) |
| Feb 02 2000 | DISTRIBUTED for Conference of February 18, 2000. |
| Feb 22 2000 | First 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. Replies, if any, with supporting briefs, may be filed within 30 days. |
| Apr 06 2000 | Exceptions of Nebraska to First Report of Special Master filed. |
| Apr 07 2000 | Exception of Colorado filed. |
| Apr 25 2000 | Order extending time to file reply to Exceptions to Report of Special Master extended until May 25, 2000. |
| May 24 2000 | Order further extending time to file reply to Exceptions of Sepcial Master until June 1, 2000. |
| Jun 01 2000 | Reply brief for Kansas filed. |
| Jun 01 2000 | Brief for the United States as amicus curiae in opposition to Exceptions to First Report of the Special Master filed. |
| Jun 06 2000 | DISTRIBUTED for Conference of June 22, 2000 (page 5). |
| Jun 26 2000 | REDISTRIBUTED for Conference of June 28, 2000.. |
| Jun 29 2000 | Motion of Nebraska to dismiss DENIED, and case recomitted to the Special Master for further proceedings. |
| Jul 31 2000 | Motion of Nebraska for leave to file first amended answer, counterclaim and cross-claim, and brief in support of motion filed. |
| Aug 02 2000 | REDISTRIBUTED for Conference of September 25, 2000 (page 91). |
| Aug 04 2000 | Motion of Special Master for allowance of fees and disbursements filed. |
| Aug 09 2000 | DISTRIBUTED for Conference of September 25, 2000. |
| Oct 02 2000 | Motion of Nebaska for leave to file first amended answer, counterclaim and cross-claim is referred to the Special Master. The motion of the Special Master for allowance of fee and disbursements is granted and the Special Master is awarded a total of $111,631.38 to be to be paid equally by Kansas, Nebraska, and Colorado. |
| Mar 13 2001 | Motion of Special Master for allowance of fee and disbursements filed. |
| Mar 14 2001 | Motion DISTRIBUTED for Conference of March 30, 2001 (page 4). |
| Apr 12 2001 | Supplement to motion for fee and disbursements filed. |
| Apr 16 2001 | Motion REDISTRIBUTED for Conference of April 20, 2001.. |
| Apr 23 2001 | Motion of the Special Master for allowance of fee and disbursements is granted, and the Special Master is awarded $152,563.19 for the period August 1, 2000, through February 28, 2001, to be paid evenly by Kansas, Nebraska and Colorado. |
| Nov 06 2001 | Motion of Special Master for allowance of fee and disbursements for the period March 1, 2001 through October 31, 2001. |
| Nov 07 2001 | Motion DISTRIBUTED for Conference of November 21, 2001. |
| Nov 26 2001 | Motion of the Special Master for fees and disbursement of expenses is granted, and the Special Master is awarded a total of $179,064.66 for the period March 1, 2001, through October 31, 2001, to be paid equally by the three States. |
| Jul 11 2002 | Motion of Special Master for allowance of fee and disbursements filed. |
| Jul 17 2002 | Motion DISTRIBUTED for Conference of September 30, 2002. |
| Oct 07 2002 | ORDER: Motion of the Special Master for fees and disbursement of expenses is granted, and the Special Master is awarded a total of $39.666.96 for the period November 1, 2001, through June 30, 2002, to be paid equally by the parties |
| Apr 16 2003 | Second Report of the Special Master (Final Settlement Stipulation),and five volumes of Settlement Stipulation filed. |
| Apr 22 2003 | Second Report DISTRIBUTED. May 15, 2003 (Page 4) |
| Apr 22 2003 | Motion of Special Master for allowance of fee and disbursements covering the period July 1, 2002 through April 15, 2003. filed. |
| May 06 2003 | DISTRIBUTED for Conference of May 22, 2003. |
| May 19 2003 | Second Report of the Special Master is received and ordered filed. Decree is entered |
| May 27 2003 | Motion of Special Master for allowance of fee and disbursements covering the period July 1, 2002 through April 15, 2003. GRANTED. |
| Sep 23 2003 | Final Report of the Special Master with Certificate of Adoption of RRCA Groundwater Model filed. |
| Oct 01 2003 | Motion DISTRIBUTED for Conference of October 17, 2003. |
| Oct 20 2003 | The Final Report of the Special Master is received and ordered filed. |
| Oct 24 2003 | Motion for allowance of fees and disbursements for the period April 16, 2003 through October 20, 2003 filed by Special Master. |
| Nov 05 2003 | DISTRIBUTED for Conference of November 26, 2003. |
| Dec 01 2003 | Motion for allowance of fees and disbursements for the period April 16, 2003 through October 20, 2003 GRANTED. |
| Dec 01 2003 | Vincent McKusick, Esquire, of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court |
| May 03 2010 | Motion for Leave to File Petition, Petition and Brief in Support filed by Kansas |
| Jul 01 2010 | Brief of respondent State of Nebraska in opposition filed. |
| Jul 06 2010 | Brief of respondent State of Colorado in opposition filed. |
| Jul 20 2010 | Reply of petitioner Kansas, Plaintiff filed. |
| Jul 28 2010 | DISTRIBUTED for Conference of September 27, 2010. |
| Oct 04 2010 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Feb 28 2011 | Brief amicus curiae of United States filed. |
| Mar 16 2011 | DISTRIBUTED for Conference of April 1, 2011.. |
| Apr 04 2011 | Motion for leave to file a petition is GRANTED. |
| Apr 04 2011 | It is ordered that William J. Kayatta, Jr., Esquire, of Portland, Maine is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to 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 Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic and clerical assistants, the cost of printing his Reports, 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. |
| Apr 05 2011 | Documents filed with the Special Master can be located at www.pierceatwood.com/KansasversusNebraskaandColorado126Original |
| Jan 17 2012 | Motion for allowance of fees and disbursements for the period April 4, 2011, through December 31, 2011, filed by Special Master. |
| Feb 01 2012 | Motion DISTRIBUTED for Conference of February 17, 2012. |
| Feb 21 2012 | Motion for allowance of fees and disbursements for the period April 4, 2011, through December 31, 2011, GRANTED, and the Special Master is awarded a total of $70,884.97 for the period April 4, 2011, through December 31, 2011, to be allocated among the states as follows: Kansas $28,353.99; Nebraska $28,353.99; and Colorado $14,176.99. . |
| Sep 20 2012 | Motion for allowance of fees and disbursements for the period January 1, 2012, through August 23, 2012, filed by Special Master. |
| Sep 26 2012 | Motion DISTRIBUTED for Conference of October 12, 2012. |
| Oct 15 2012 | Motion for allowance of fees and disbursements for the period January 1, 2012, through August 23, 2012, GRANTED, and the Special Master is awarded a total of $288,229.61 for the period January 1, 2012, through August 23, 2012, to be allocated among the states as follows: Kansas $115,291.84; Nebraska $115,291.84; and Colorado $57,645.93. . |
| Mar 07 2013 | Motion for allowance of fees and disbursements for the period August 24, 2012, through March 7, 2013. filed by Special Master. |
| Mar 20 2013 | Motion DISTRIBUTED for Conference of April 12, 2013. |
| Apr 15 2013 | Motion of the Special Master for allowance of fees and disbursements for the period August 24, 2012, through March 7, 2013. GRANTED, and the Special Master is awarded a total of $246,328.05 for the period August 24, 2012, through March 7, 2013, to be allocated among the states as follows: Kansas $98,531.22; Nebraska $98,531.22; and Colorado $49,265.61. |
| Nov 15 2013 | Report of the Special Master submitted. |
| Nov 26 2013 | DISTRIBUTED for Conference of December 13, 2013. |
| Dec 04 2013 | DISTRIBUTED for Conference of January 10, 2014. |
| Jan 13 2014 | The 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. Sur-replies, if any, with supporting briefs, may be filed within 30 days. |
| Feb 27 2014 | Exceptions by State of Kansas to the Report of the Special Master and Brief in Support of Exceptions |
| Feb 27 2014 | Exception by Colorado to the Report of the Special Master and Brief in Support of Exception |
| Feb 27 2014 | Exceptions by Nebraska to the Special Master's Report and Brief in Support |
| Mar 31 2014 | Reply of petitioner State of Kansas, Plaintiff to Exceptions filed. |
| Mar 31 2014 | Reply to Exceptions by Kansas of defendant State of Nebraska filed. |
| Mar 31 2014 | Reply in oppositon to Kansas's exceptions of defendant State of Colorado filed. |
| Apr 07 2014 | Brief amicus curiae of United States filed. |
| Apr 28 2014 | Sur-Reply on Exceptions to Plaintiff's Response of defendant State of Nebraska filed. |
| Apr 30 2014 | Sur-Reply of Defandant Colorado filed. |
| Apr 30 2014 | Sur-Reply of Plaintiff Kansas filed. |
| May 06 2014 | DISTRIBUTED for Conference of May 22, 2014. |
| May 27 2014 | DISTRIBUTED for Conference of May 29, 2014. |
| Jun 02 2014 | DISTRIBUTED for Conference of June 5, 2014. |
| Jun 09 2014 | The Exceptions to the Report of the Special Master are set for oral argument in due course. |
| Jul 18 2014 | SET FOR ARGUMENT ON Tuesday, October 14, 2014 |
| Jul 31 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 07 2014 | CIRCULATED. |
| Oct 02 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 08 2014 | Proposal from counsel for Kansas to lodge copies of the September 30, 2014 letter of the U.S. Dept. of Interior stating its position on Nebraska's efforts to comply with the Republican River Compact. |
| Oct 10 2014 | Response to lodging proposal from the Solicitor General received. |
| Oct 14 2014 | Argued. For plaintiff: Stephen R. McAllister, Solicitor General of Kansas, Topeka, Kan. For United States, as amicus curiae: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For defendants: David D. Cookson, Chief Deputy Attorney General, Lincoln, Neb. |
| Feb 24 2015 | Exceptions to Special Master's Report overruled, and Master's recommendations adopted. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Roberts, C. J., joined as to Parts I and III. Roberts, C. J., and Scalia, J., filed opinions concurring in part and dissenting in part. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Scalia and Alito, JJ., joined, and in which Roberts, C. J., joined as to Part III. |
| Mar 09 2015 | Decree entered |
| Mar 23 2015 | The Honorable William J. Kayatta Jr., of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court. |
