Colorado v. Kansas
Headline: Court stops a Kansas water users’ association from pursuing two Colorado ditch lawsuits, dismisses other relief sought by both states, and orders Colorado and Kansas to share the litigation costs equally.
Holding:
- Prevents a Kansas water users’ association from continuing two federal ditch-related lawsuits.
- Dismisses other forms of relief sought by both Colorado and Kansas.
- Requires Colorado and Kansas to share payment of the litigation costs equally.
Summary
Background
A Kansas water users’ association (the Finney County Water Users’ Association) had filed two lawsuits in the United States District Court for the District of Colorado against local ditch companies, including the Graham Ditch Company and the Coler Ditch and Reservoir Company. Those cases were docketed as numbers 6633 and 7493. The States of Colorado and Kansas both sought relief in the same proceeding. The matter came to the Court on the pleadings and on evidence taken and reported by a Commissioner and a Special Master.
Reasoning
After reviewing the submitted pleadings and the evidence reported by the Commissioner and Special Master, the Court announced it was fully advised and issued a decree. The Court enjoined the Kansas water users’ association and its officers, attorneys, agents, and employees from prosecuting further the two specified federal cases. The Court also dismissed any other forms of relief prayed for by both Colorado and Kansas. Finally, the Court ordered that the costs of this cause be borne and paid in equal parts by the States of Colorado and Kansas. Those actions were entered as the Court’s considered order and decree in the proceeding.
Real world impact
Practically, the Kansas association must stop pursuing the two named federal lawsuits in that Colorado court, and the named ditch companies named as defendants will not face further prosecution of those specific suits there. Both States lose other relief they had asked the Court to provide. The order also assigns financial responsibility for costs equally to Colorado and Kansas, making each State share the litigation expense for this case.
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