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.
 
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