Kansas v. Colorado

Background

The Special Master asked the Court for interim fees and expenses covering November 1, 1989 through September 16, 1990. The Court granted that motion and awarded $75,973.75, to be paid 40% by Kansas, 40% by Colorado, and 20% by the United States. One Justice wrote separately with reservations but did not formally dissent.

Reasoning

The central question was whether to allow the requested interim fees and how to divide payment among the parties. The Court approved the Special Master’s request and set the exact amount and split. A Justice noted that some requested fees and expenses "come close — if they do not exceed — the limits of allowability" and referred to past opinions raising similar concerns. Because no party objected on this occasion, the Justice did not register a formal dissent, even while expressing a lack of enthusiasm for increasing amounts and personnel billed.

Real world impact

The immediate effect is that the Special Master will be paid nearly $76,000 for the specified period, and the financial burden is allocated among the two states and the federal government in the stated proportions. This is an interim award for fees and expenses, not a final judgment on the underlying dispute, so future fee requests or objections could change how much is ultimately paid or who bears the costs.

Dissents or concurrances

Justice Blackmun provided a cautionary separate statement. He warned that some fee items risk exceeding reasonable limits, emphasized the Court’s duty to ensure reasonableness even when parties consent, and signaled concern about escalating fees and personnel in this case.