JUDICIAL DEVELOPMENTS

January 2005

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U.S. Supreme Court Affirms Special Master’s Fourth Report and Settles (for Now) Longstanding Litigation between Kansas and Colorado
Kansas v. Colorado, 543 U.S.___

The United States Supreme Court may have finally resolved 20 years of litigation between the States of Colorado and Kansas over the apportionment and division of water from the Arkansas River pursuant to the Arkansas River Compact, 63 Stat. 145 (1949). On December 7, 2004, the Court issued its opinion in Kansas v. Colorado, which overruled Kansas’ six exceptions to the Fourth Report of the court-appointed Special Master, and remanded the case to the Special Master for the preparation of a final decree consistent with the opinion and the Fourth Report.