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: States veto power brings Republican River modeling dispute to the Supreme Court (Ryke Longest, October 16, 2014)
- Argument preview: Compact to conflict - three states argue over one river (Ryke Longest, October 13, 2014)
- SCOTUS for law students: Original cases (Stephen Wermiel, October 13, 2014)
| Date | Proceedings and Orders |
|---|---|
| 05/01/1998 | As of June 1, 2011 documents filed with the Special Master are available at www.ca1.uscourts.gov/special_master/ |
| 05/26/1998 | Motion for leave to file a bill of complaint filed. |
| 07/24/1998 | Brief in opposition of Nebraska and request for oral argument filed. |
| 08/03/1998 | Waiver of State of Colorado to file response. |
| 08/07/1998 | Reply brief of Plaintiff Kansas filed. |
| 08/12/1998 | DISTRIBUTED for Conference of September 28, 1998 (p. 93). |
| 08/20/1998 | Motion of defendent Nebraska for leave to file sur-reply brief filed. |
| 09/02/1998 | Response of plaintiff to motion for leave to file sur-reply filed. |
| 10/05/1998 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/18/1998 | Brief amicus curiae of the United States filed. |
| 12/18/1998 | Lodging of the Solicitor General. |
| 12/30/1998 | DISTRIBUTED for Conference of January 15, 1999.. |
| 01/05/1999 | Nebraska's reply to brief of the United States as amicus curiae filed. |
| 01/19/1999 | 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. |
| 03/09/1999 | Order extending time to file an answer to the bill of complaint extended until April 19, 1999. |
| 03/19/1999 | Answer of the State of Colorado filed. |
| 04/19/1999 | Answer and counterclaim of Nebraska filed. |
| 04/23/1999 | Order extending time for Kansas to respond to Nebraska's answer and counterclaim until May 24, 1999. |
| 05/14/1999 | Colorado's Answer to Nebraska's Counterclaim filed. |
| 05/21/1999 | Motion of Kansas to strike Nebraska's counterclaim and motion for appointment of Special Master. |
| 05/25/1999 | DISTRIBUTED for Conference of June 10, 1999. |
| 06/02/1999 | Nebraska's brief in opposition to Kansas' motion to strike Nebraska's counterclaim and motion for appointment of a Special Master filed. |
| 06/09/1999 | Kansas' reply in support of motion to strike and motion for appointment of Special Master filed. |
| 06/14/1999 | REDISTRIBUTED for Conference of June 17, 1999. |
| 06/21/1999 | 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. |
| 07/21/1999 | Kansas' Reply to Nebraska's Counterclaims filed. |
| 08/02/1999 | Motion of Nebraska to dismiss and brief in support thereof filed. |
| 08/30/1999 | Order extending time to file brief of respondent on the merits until September 10, 1999. |
| 08/30/1999 | This extension of time is granted to both Colorado and Kansas |
| 09/08/1999 | Order further extending time to file brief of respondent on the merits until September 17, 1999. |
| 09/10/1999 | Kansas' brief in opposition to Nebraska's motion to dismiss filed. |
| 09/10/1999 | Brief of the United States as amicus curiae in opposition to motion to dismiss filed. |
| 09/17/1999 | Colorado's response to Nebraska's Motion to Dismiss filed. |
| 09/21/1999 | Affidavit of Douglas R. Littlefield received from Kansas. |
| 09/28/1999 | DISTRIBUTED (Motion to dismiss and related responses). Oct. 15, 1999 Conference. |
| 09/29/1999 | Nebraska's brief in response to briefs of Kansas and United States in opposition to Nebraska's motion to dismiss filed. |
| 11/01/1999 | REDISTRIBUTED for Conference of November 5, 1999 (page 10). |
| 11/08/1999 | REDISTRIBUTED for Conference of November 12, 1999 (page 18). |
| 11/15/1999 | Hon. Vincent L. McKusick, Esquire, of Portland, Maine, appointed as Special Master. Motion of Nebraska to dismiss the complaint referred to the Special Master. |
| 11/29/1999 | Oath of Special Master filed. |
| 01/28/2000 | Report of the Special Master on Nebraska's Motion to Dismiss received. |
| 01/28/2000 | Transcript of Hearing on Motion to Dismiss received. (NP) |
| 02/02/2000 | DISTRIBUTED for Conference of February 18, 2000. |
| 02/22/2000 | 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. |
| 04/06/2000 | Exceptions of Nebraska to First Report of Special Master filed. |
| 04/07/2000 | Exception of Colorado filed. |
| 04/25/2000 | Order extending time to file reply to Exceptions to Report of Special Master extended until May 25, 2000. |
| 05/24/2000 | Order further extending time to file reply to Exceptions of Sepcial Master until June 1, 2000. |
| 06/01/2000 | Reply brief for Kansas filed. |
| 06/01/2000 | Brief for the United States as amicus curiae in opposition to Exceptions to First Report of the Special Master filed. |
| 06/06/2000 | DISTRIBUTED for Conference of June 22, 2000 (page 5). |
| 06/26/2000 | REDISTRIBUTED for Conference of June 28, 2000.. |
| 06/29/2000 | Motion of Nebraska to dismiss DENIED, and case recomitted to the Special Master for further proceedings. |
| 07/31/2000 | Motion of Nebraska for leave to file first amended answer, counterclaim and cross-claim, and brief in support of motion filed. |
| 08/02/2000 | REDISTRIBUTED for Conference of September 25, 2000 (page 91). |
| 08/04/2000 | Motion of Special Master for allowance of fees and disbursements filed. |
| 08/09/2000 | DISTRIBUTED for Conference of September 25, 2000. |
| 10/02/2000 | 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. |
| 03/13/2001 | Motion of Special Master for allowance of fee and disbursements filed. |
| 03/14/2001 | Motion DISTRIBUTED for Conference of March 30, 2001 (page 4). |
| 04/12/2001 | Supplement to motion for fee and disbursements filed. |
| 04/16/2001 | Motion REDISTRIBUTED for Conference of April 20, 2001.. |
| 04/23/2001 | 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. |
| 11/06/2001 | Motion of Special Master for allowance of fee and disbursements for the period March 1, 2001 through October 31, 2001. |
| 11/07/2001 | Motion DISTRIBUTED for Conference of November 21, 2001. |
| 11/26/2001 | 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. |
| 07/11/2002 | Motion of Special Master for allowance of fee and disbursements filed. |
| 07/17/2002 | Motion DISTRIBUTED for Conference of September 30, 2002. |
| 10/07/2002 | 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 |
| 04/16/2003 | Second Report of the Special Master (Final Settlement Stipulation),and five volumes of Settlement Stipulation filed. |
| 04/22/2003 | Second Report DISTRIBUTED. May 15, 2003 (Page 4) |
| 04/22/2003 | Motion of Special Master for allowance of fee and disbursements covering the period July 1, 2002 through April 15, 2003. filed. |
| 05/06/2003 | DISTRIBUTED for Conference of May 22, 2003. |
| 05/19/2003 | Second Report of the Special Master is received and ordered filed. Decree is entered |
| 05/27/2003 | Motion of Special Master for allowance of fee and disbursements covering the period July 1, 2002 through April 15, 2003. GRANTED. |
| 09/23/2003 | Final Report of the Special Master with Certificate of Adoption of RRCA Groundwater Model filed. |
| 10/01/2003 | Motion DISTRIBUTED for Conference of October 17, 2003. |
| 10/20/2003 | The Final Report of the Special Master is received and ordered filed. |
| 10/24/2003 | Motion for allowance of fees and disbursements for the period April 16, 2003 through October 20, 2003 filed by Special Master. |
| 11/05/2003 | DISTRIBUTED for Conference of November 26, 2003. |
| 12/01/2003 | Motion for allowance of fees and disbursements for the period April 16, 2003 through October 20, 2003 GRANTED. |
| 12/01/2003 | Vincent McKusick, Esquire, of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court |
| 05/03/2010 | Motion for Leave to File Petition, Petition and Brief in Support filed by Kansas |
| 07/01/2010 | Brief of respondent State of Nebraska in opposition filed. |
| 07/06/2010 | Brief of respondent State of Colorado in opposition filed. |
| 07/20/2010 | Reply of petitioner Kansas, Plaintiff filed. |
| 07/28/2010 | DISTRIBUTED for Conference of September 27, 2010. |
| 10/04/2010 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 02/28/2011 | Brief amicus curiae of United States filed. |
| 03/16/2011 | DISTRIBUTED for Conference of April 1, 2011.. |
| 04/04/2011 | Motion for leave to file a petition is GRANTED. |
| 04/04/2011 | 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. |
| 04/05/2011 | Documents filed with the Special Master can be located at www.pierceatwood.com/KansasversusNebraskaandColorado126Original |
| 01/17/2012 | Motion for allowance of fees and disbursements for the period April 4, 2011, through December 31, 2011, filed by Special Master. |
| 02/01/2012 | Motion DISTRIBUTED for Conference of February 17, 2012. |
| 02/21/2012 | 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. . |
| 09/20/2012 | Motion for allowance of fees and disbursements for the period January 1, 2012, through August 23, 2012, filed by Special Master. |
| 09/26/2012 | Motion DISTRIBUTED for Conference of October 12, 2012. |
| 10/15/2012 | 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. . |
| 03/07/2013 | Motion for allowance of fees and disbursements for the period August 24, 2012, through March 7, 2013. filed by Special Master. |
| 03/20/2013 | Motion DISTRIBUTED for Conference of April 12, 2013. |
| 04/15/2013 | 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. |
| 11/15/2013 | Report of the Special Master submitted. |
| 11/26/2013 | DISTRIBUTED for Conference of December 13, 2013. |
| 12/04/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 01/13/2014 | 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. |
| 02/27/2014 | Exceptions by State of Kansas to the Report of the Special Master and Brief in Support of Exceptions |
| 02/27/2014 | Exception by Colorado to the Report of the Special Master and Brief in Support of Exception |
| 02/27/2014 | Exceptions by Nebraska to the Special Master's Report and Brief in Support |
| 03/31/2014 | Reply of petitioner State of Kansas, Plaintiff to Exceptions filed. |
| 03/31/2014 | Reply to Exceptions by Kansas of defendant State of Nebraska filed. |
| 03/31/2014 | Reply in oppositon to Kansas's exceptions of defendant State of Colorado filed. |
| 04/07/2014 | Brief amicus curiae of United States filed. |
| 04/28/2014 | Sur-Reply on Exceptions to Plaintiff's Response of defendant State of Nebraska filed. |
| 04/30/2014 | Sur-Reply of Defandant Colorado filed. |
| 04/30/2014 | Sur-Reply of Plaintiff Kansas filed. |
| 05/06/2014 | DISTRIBUTED for Conference of May 22, 2014. |
| 05/27/2014 | DISTRIBUTED for Conference of May 29, 2014. |
| 06/02/2014 | DISTRIBUTED for Conference of June 5, 2014. |
| 06/09/2014 | The Exceptions to the Report of the Special Master are set for oral argument in due course. |
| 07/18/2014 | SET FOR ARGUMENT ON Tuesday, October 14, 2014 |
| 07/31/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/07/2014 | CIRCULATED. |
| 10/02/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/08/2014 | 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. |
| 10/10/2014 | Response to lodging proposal from the Solicitor General received. |
| 10/14/2014 | 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. |
| 02/24/2015 | 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. |
| 03/09/2015 | Decree entered |
| 03/23/2015 | The Honorable William J. Kayatta Jr., of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court. |
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