KANSAS V. NEBRASKA ET AL
(Slip Opinion) OCTOBER TERM, 2014 1 Syllabus 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 Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus KANSAS v. NEBRASKA ET AL. ON EXCEPTIONS TO REPORT OF SPECIAL MASTER No. 126, Orig. Argued October 14, 2014—Decided February 24, 2015 In 1943, Congress approved the Republican River Compact, an agree- ment between Kansas, Nebraska, and Colorado to apportion the “vir- gin water originating in” the Republican River Basin. 57 Stat. 87. In 1998, Kansas filed an original action in this Court contending that Nebraska’s increased groundwater pumping was subject to regula- tion by the Compact to the extent that it depleted stream flow in the Basin. This Court agreed. Ensuing negotiations resulted in the 2002 Final Settlement Stipulation (Settlement), which established mecha- nisms to accurately measure water and promote compliance with the Compact. The Settlement identified the Accounting Procedures, a technical appendix, as the tool by which the States would measure stream flow depletion, and thus consumption, due to groundwater pumping. The Settlement also reaffirmed that “imported water”— that is, water brought into the Basin by human activity—would not count toward a State’s consumption. Again, the Accounting Proce- dures were to measure, so as to exclude, that water flow.
[Show full text]