Colorado has finally won a battle in the running war with Kansas over the waters of the Arkansas River — and it only took 22 years.
In the final ruling in the long-running case, the U.S. Supreme Court rejected Kansas’ argument that its consultants should be paid $9.2 million by Colorado.
Colorado Attorney General John Suthers argued before the court in December that his state should be on the hook for only the $40-a-day fee proscribed by federal court rules.
The court agreed. Colorado owes Kansas precisely $199,577.19.
Kansas Attorney General Steven Six had argued that since cases pitting state against state go directly to the Supreme Court, the federal district court rule did not apply.
The court rejected that argument. “Many cases brought in a district court are not less complex than those brought originally in this court,” Justice Samuel Alito wrote in the court’s decision.
It is a small victory. Colorado has paid Kansas $34 million in damages for not sending enough water down the Arkansas River and picked up $1.1 million in court costs.
Still, Suthers said in a statement: “The Supreme Court’s decision today marks a bright note for Colorado in this long-running water dispute.”
Mark Jaffe: 303-954-1912 or mjaffe@denverpost.com
