The Supreme Court of the United States announced a decision in one case today:
Kansas v. Nebraska, No. 126, Orig.: The Republican River Compact is a congressionally approved agreement between Kansas, Nebraska, and Colorado to apportion the “virgin water originating in” the Republican River Basin. Kansas filed an original action in the Supreme Court in 1998, in which the Court held that Nebraska’s increased groundwater pumping was subject to regulation by the Compact. The parties entered into a Settlement in 2002, and in 2007, Kansas petitioned the Court for monetary and injunctive relief, claiming Nebraska had exceeded its water allocation. Nebraska responded by requesting that the accounting procedures in the Settlement be modified. The Court appointed a Special Master, and the parties filed exceptions to his conclusion that Nebraska “knowingly failed” to comply with the Compact, and recommendations that Nebraska disgorge a portion of its gains in addition to paying damages for Kansas’s loss, that injunctive relief be denied, and that the accounting procedures be reformed. Today, the Court affirmed its equitable powers in proceedings under the Court’s original jurisdiction and accepted all of the Special Master’s recommendations.
The Court's decision is available here.