Posted November 18, 2013
On Friday, a special master appointed by the U.S.
Supreme Court rejected a demand that Nebraska pay $80 million to Kansas in a
case over disputed water rights, according to an article by the Lincoln Journal
Star available here. The full text of the report is available here.
Special Master William J. Kayatta concluded that Kansas
failed to prove it was entitled to an award based on unjust enrichment. Kayatta said, “There is no evidence Nebraska
lacked good faith with respect to this matter.”
The report will be reviewed by the U.S. Supreme Court,
which is expected to rule on the case next year.
Nebraska and Kansas have been involved in a dispute over
water rights from the Republican River Basin for years. A 1943 agreement “allocates 49 percent of the
river’s water to Nebraska, 40 percent to Kansas and 11 percent to Colorado.” In early October, a federal
district court dismissed a lawsuit involving this dispute.
Kayatta’s recommendations include the following: (1) Kansas’s
claim of actual damages for $6.6 million should be rejected and Nebraska should
pay $5.5 million instead, (2) “Kansas’ demand that Nebraska permanently shut
down 302,000 irrigated acres should be rejected,” (3) “Kansas’ demand for
appointment of an independent river master to dictate compliance terms should
be rejected,” and (4) “Nebraska’s computer model for measuring its water
allocation should be used.”
Nebraska Attorney General Jon Bruning said, “Our basin
irrigators have worked hard to keep Nebraska in compliance with the compact on
an annual basis since 2007… And, although we think the $5.5 million award is
too high, we’re glad the special master acknowledged Nebraska should have the
right to govern its water users without the oversight of an independent river
master.” The Nebraska Radio Network
reported on the story here.
For more information on water law, please visit the National
Agricultural Law Center’s website here.
