Kansas v. Colorado

In 1949, Congress approved the Arkansas River Compact. Article IV-D provided that future development of the river basin could not materially deplete the usable quantity or availability to other users of the river's waters. In 1986, Kansas filed suit alleging that Colorado had violated the Compact. Ultimately, the Special Master found that post-Compact increases in groundwater well pumping in Colorado had materially depleted the waters in violation of Article IV-D. The Special Master, in his second report, recommended that damages be awarded to Kansas. In his third report, the Special Master recommended that such damages be measured by Kansas' losses attributable to Compact violations since 1950, be paid in money not water, and include prejudgment interest from 1969 to the date of judgment. Colorado filed four objections to the third report, Kansas filed one, and the United States submitted that all objections should be overruled.