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10 Duke J. Const. L. & Pub. Pol'y Sidebar 1 (2014-2015)

handle is hein.journals/dukjppsid10 and id is 1 raw text is: KANSAS V. NEBRASKA & COLORADO: KEEPING EQUITY AFLOAT IN THE REPUBLICAN RIVER DISPUTE CHARLES PUNIA* I. INTRODUCTION The trouble that sovereigns experience in apportioning scarce resources among themselves has led to many disputes throughout history1 The Supreme Court has addressed this problem between the States via its power to hear cases of original jurisdiction.2 Here, the States may petition the Court directly,3 as the Court alone may provide a remedy in cases involving disputes between them.4 In Kansas v. Nebraska & Colorado,5 the Court will consider a dispute between Kansas, Nebraska, and Colorado concerning the apportionment of a scarce resource: the water from the Republican River Basin.6 The Court appointed a Special Master to make recommendations in Kansas v. Nebraska & Colorado.7 The Special Master found that Nebraska used more than its share of water, but a mutual mistake in the three states' accounting procedures overstated some of Nebraska's use.8 Additionally, the Special Master found that Kansas * J.D. Candidate, Duke University School of Law, 2016. 1. Charles M. Courtney, Casenote, Nebraska v. Wyoming and Colorado Allocating Water Rights to Interstate Rivers: Equitable Principles and the Role of Substantial Injury, 3 DICK. J. ENVTL. L. & POL'Y 89, 89 (1994). 2. See U.S. CONST. art. III, § 2, cl. 1. (The judicial Power shall extend . . . to Controversies between two or more States.). 3. See, e.g., Kansas v. Nebraska, 131 S. Ct. 1847, 1847 (2011). 4. See 28 U.S.C.A. § 1251 (West 2014) (providing the Supreme Court with exclusive jurisdiction over cases between sovereign states). 5. Kansas v. Nebraska, No. 126, Original (U.S. argued Oct. 14, 2014). 6. Report of the Special Master at 1, Kansas v. Nebraska, No. 126, Original (U.S. Jan. 13, 2014) [hereinafter Fourth Report]. 7. Kansas v. Nebraska, 131 S. Ct. at 1847. 8. Fourth Report, supra note 6, at 187.

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