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Case Basics
Docket No. 
105 ORIG
(Attorney General of Kansas, for the plaintiff)
(Attorney General of Colorado, for the respondent)
Facts of the Case 

This case represents another chapter in the longstanding dispute between the two states concerning water rights to the Arkansas River. The states had created the Arkansas River Compact in 1943 in order to allocate portions of the river between them. In 1985, Kansas brought suit before the Court alleging that Colorado had breached the agreement. The Court appointed a "Special Master" to investigate the allegations and to make recommendations to the Court. The Special Master submitted his report in 1994, finding that Colorado had indeed violated the Compact.

Since 1994, the Special Master has issued three more reports. These reports have been accompanied by several objections by both states. The Court has dismissed the majority of these objections. The question presently before the Court is whether or not to overrule two of Kansas' objections to the most recent report of the Special Master.


Should expert witness attendance fees available in cases brought before the Supreme Court be the same as those available in the federal district courts?

Decision: 9 votes for Colorado, 0 vote(s) against
Legal provision: Federal Rules of Civil Procedure

Yes. The Supreme Court overruled Kansas' objection holding that witness attendance fees that are available in actions brought under the Supreme Court's original jurisdiction should be the same as those brought under actions in the federal district courts. With Justice Samuel A. Alito writing for a unanimous Court, it reasoned that there was no good reason not to have a uniform rule for the recovery of expert witness fees among the different levels of federal courts.

Cite this Page
KANSAS v. COLORADO. The Oyez Project at IIT Chicago-Kent College of Law. 26 August 2015. <http://www.oyez.org/cases/2000-2009/2008/2008_105_orig>.
KANSAS v. COLORADO, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2000-2009/2008/2008_105_orig (last visited August 26, 2015).
"KANSAS v. COLORADO," The Oyez Project at IIT Chicago-Kent College of Law, accessed August 26, 2015, http://www.oyez.org/cases/2000-2009/2008/2008_105_orig.