Kansas v. Nebraska

Decision Date19 May 2003
Docket NumberNo. 126, Orig.,126, Orig.
Citation538 U.S. 720
PartiesKANSAS v. NEBRASKA.
CourtU.S. Supreme Court

The Final Report of the Special Master is received and ordered filed.

DECREE

This cause, having come to be heard on the Second Report of the Special Master appointed by this Court, and on the Parties' Joint Motion for Approval of Final Settlement Stipulation, which accompanies said Report, IT IS HEREBY ORDERED THAT:

1. The Final Settlement Stipulation executed by all of the parties to this case and filed with the Special Master on December 16, 2002, is approved;

2. This action is recommitted to the Special Master for the sole purpose of deciding procedural questions arising in the completion by the state parties of the RRCA Groundwater Model pursuant to the binding procedures prescribed by the Final Settlement Stipulation. All claims, counterclaims, and cross-claims for which leave to file was or could have been sought in this case arising prior to December 15, 2002, are hereby dismissed with prejudice effective upon the filing by the Special Master of a final report certifying adoption of the RRCA Groundwater Model by the state parties.

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4 cases
  • Frenchman Cambridge Irrigation Dist. v. Heineman
    • United States
    • U.S. District Court — District of Nebraska
    • September 24, 2013
    ...under which the compact allocates a specific number of acre-feet to each state on a basin-by-basin basis. See Complaint at 17. In the Kansas v. Nebraska litigation, a special master found that: [a]lthough the compact never uses the word ‘groundwater,’ stream flow which the compact fully all......
  • Kansas v. Colorado
    • United States
    • U.S. Supreme Court
    • December 7, 2004
    ...formal means to resolve disputes, such as joint consultation with experts, negotiation, and informal mediation. See, e. g., Kansas v. Nebraska, 538 U. S. 720 (2003) (Kansas, Colorado, and Nebraska resolved Republican River dispute by settlement and stipulation); Fourth Report 134 (discussin......
  • Gutierrez v. Holder
    • United States
    • U.S. District Court — Northern District of California
    • January 2, 2014
  • Frenchman–cambridge Irrigation Dist. v. Dep't of Natural Res.
    • United States
    • Nebraska Supreme Court
    • July 29, 2011
    ...§ 1–106 (Reissue 2008). FN2. Kansas v. Nebraska, 525 U.S. 1101, 119 S.Ct. 865, 142 L.Ed.2d 767 (1999). FN3. Kansas v. Nebraska, 538 U.S. 720, 123 S.Ct. 1898, 155 L.Ed.2d 951 (2003). 4. Introducer's Statement of Intent, L.B. 962, Committee on Natural Resources, 98th Leg., 2d Sess. (Jan. 21, ......
6 books & journal articles
  • Rethinking the Supreme Court’s Interstate Waters Jurisprudence
    • United States
    • Georgetown Environmental Law Review No. 33-2, January 2021
    • January 1, 2021
    ...with prejudice, however, as, for example, the dismissal owing to a settlement the parties reached in Kansas v. Nebraska & Colorado, 538 U.S. 720, 720 (2003) (No. 126 Orig.). 132. See Colorado I, 320 U.S. 383, 391 (1943) (“Colorado urges that our decision in [Kansas] amounted to an allocatio......
  • Boom and Bust on the Great Plains: Deja Vu All Over Again
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 41, 2022
    • Invalid date
    ...Nebraska's Motion to Dismiss), Kansas v. Nebraska & Colorado, No. 126, Orig. (U.S. Jan. 28, 2000)). 115. Kansas v. Nebraska & Colorado, 538 U.S. 720 (2003). 116. See Nebraska Department of Natural Resources, Republican River Settlement Documents, December 16, 2002, http://www.dnr.ne.gov/doc......
  • Water Allocation Law and the Oil and Gas Industry in Gas: an Update to the 1981 Neufeld Article
    • United States
    • Kansas Bar Association KBA Bar Journal No. 81-8, September 2012
    • Invalid date
    ...543 U.S. 86 (2004); and 556 U.S. 98 (2009) (regarding the Arkansas River Compact, K.S.A. 82a-520). [32]Kansas v. Nebraska and Colorado, 538 U.S. 720, 123 S. Ct. 1898 (2003) (regarding the Republican River Compact, K.S.A. 82a-518). [33]A Google search for the Producers 88 form shows millions......
  • Water Allocation Law and the Oil and Gas Industry in Kansas: an Update to the 1981 Neufeld Article
    • United States
    • Kansas Bar Association KBA Bar Journal No. 81-9, September 2012
    • Invalid date
    ...543 U.S. 86 (2004); and 556 U.S. 98 (2009) (regarding the Arkansas River Compact, K.S.A. 82a-520). [32] Kansas v. Nebraska and Colorado, 538 U.S. 720, 123 S. Ct. 1898 (2003) (regarding the Republican River Compact, K.S.A. 82a-518). [33] A Google search for the Producers 88 form shows millio......
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