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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- KANSAS v. COLORADO
- on exceptions to report of special master
- No. 105, Orig. Argued March 21, 1995-Decided May 15, 1995
-
- Kansas and Colorado negotiated the Arkansas River Compact to settle
- disputes and remove causes of future controversies over the river's
- waters and to equitably divide and apportion those waters and the
- benefits arising from the United States' construction, operation, and
- maintenance of John Martin Reservoir. Under Article IV-D, the
- Compact is not intended to impede or prevent future beneficial
- development-including construction of dams and reservoirs and the
- prolonged or improved functioning of existing works-provided that
- such development does not ``materially deplet[e]'' stateline flows ``in
- usable quantity or availability for use.'' In this action, the Special
- Master recommended that the Court, among other things, find that
- post-Compact well pumping in Colorado has resulted in a violation
- of Article IV-D of the Compact; find that Kansas has failed to prove
- that the operation of Colorado's Winter Water Storage Program
- (WWSP) violates the Compact; and dismiss Kansas' claim that
- Colorado's failure to abide by the Trinidad Reservoir Operating
- Principles (Operating Principles) violates the Compact. Both Kansas
- and Colorado have filed exceptions.
- Held: The exceptions are overruled. Pp. 6-21.
- (a) Article IV-D permits development of projects so long as their
- operation does not result in a material depletion of usable flow to
- Kansas users. Kansas' exception to the dismissal of its Trinidad
- Reservoir claim fails because Kansas has not established that
- Colorado's failure to obey the Operating Principles resulted in such
- a violation. Pp. 7-10.
- (b) Because Kansas failed to meet its burden of proving its
- WWSP claim despite being given every reasonable opportunity to do
- so by the Special Master, there is no support for its exception to the
- Special Master's conclusion on that claim. Pp. 10-11.
- (c) In selecting what method should be used to determine deple-
- tions of ``usable'' flow, the Special Master properly rejected the
- Spronk method-which Kansas' exception proposes is correct-as
- less compatible with Kansas' hydrological model than the method
- ultimately adopted by the Special Master. Pp. 11-13.
- (d) In ruling on Colorado's exception to the Special Master's
- conclusion that laches does not bar Kansas' well-pumping claim, it
- is not necessary to decide whether the laches doctrine applies to a
- case involving the enforcement of an interstate compact because
- Colorado has failed to prove that Kansas lacked due diligence in
- bringing its claim. Colorado errs in arguing that Kansas officials
- had sufficient evidence about increased well pumping in Colorado to
- determine that a Compact violation existed in 1956. The evidence
- available through 1985 was vague and conflicting. Pp. 13-16.
- (e) This Court disagrees with both the legal and factual claims
- Colorado raises in its exception to the Special Master's finding that
- the Compact limits annual pumping by pre-Compact wells to 15,000
- acre feet, the highest amount actually pumped in those years.
- Kansas' failure to object to the replacement of pumps or increased
- pumping by pre-Compact wells does not support Colorado's legal
- argument that the limit should be the maximum amount of pump-
- ing possible using wells existing prior to the Compact. Regardless
- of the parties' subsequent practice, such improvements to and
- increased pumping by existing wells clearly fall within Article
- IV-D's prohibition. In making the factual determination that 15,000
- acre feet per year is the appropriate limit, the Special Master
- properly relied on reports by the United States Geological Survey
- and the Colorado Legislature, reports that have since been used by
- the Colorado State Engineer. Pp. 16-18.
- (f) The Court agrees with the Special Master's conclusion that
- the 1980 Operating Plan for the John Martin Reservoir (Plan) was
- separately bargained for and thus there is no evidence to support
- the claim raised in Colorado's exception that the benefits to Kansas
- from the Plan were in settlement of its well claims. The Plan does
- not state that post-Compact well pumping in Colorado or Kansas
- was a cause of changes in the river's regime, and it expressly
- reserves the parties' rights under the Compact. Pp. 18-20.
- (g) The Special Master concluded that, regardless whether the
- burden of proof applied to Kansas' well-pumping claim is clear and
- convincing evidence or preponderance of the evidence, the post-
- Compact well pumping in Colorado had caused material depletions
- of usable river flows in violation of the Compact. Thus, this Court
- need not resolve the issue raised by Colorado's exception: that clear
- and convincing evidence is the correct standard. P. 20.
- Exceptions overruled, and case remanded.
- Rehnquist, C. J., delivered the opinion for a unanimous Court.
-