WESTERN STATES WATER, ISSUE 1582

LITIGATION/WATER RESOURCES
Kansas v. Colorado/Arkansas River Compact

On October 4, the U.S. Supreme Court will hear arguments regarding the amount of damages Colorado owes Kansas for reducing the flow of the Arkansas River by allowing unregulated ground water pumping from 1950 to 1994. Kansas filed a bill of complaint in 1985. In 1994, California water lawyer Arthur Littleworth, appointed as Special Master, recommended the Court determine that Colorado had violated the Arkansas River Compact of 1949. In 1995, by adopting Special Master Littleworth’s recommendations, and rejecting the exceptions filed, the Court held Colorado had violated the compact with unregulated well pumping in the Lower Arkansas Valley. The Court determined the unregulated pumping took 248,000 acre feet from the river between 1950 and 1994. In 2001, the Court ruled Kansas was entitled to monetary damages. Then, another trial was held to determine whether Colorado’s administration of Arkansas River Basin water rights from 1996-1998 complied with the compact. In 2003, Special Master Littleworth submitted his findings to the Court. The upcoming hearing will deal not only with the amount of monetary damages, but also with the sufficiency of Colorado’s current compact administration. According to Colorado Deputy Attorney General Ken Lane, the state has implemented new administrative rules that bring the state into compliance for 1997 through 1999. Kansas has filed exceptions to the Special Master’s most recent report. (The Pueblo Chieftan, Sept. 3, 2004)