Supreme Court of the United States

Kansas v. Colorado

June 11, 2001533 U.S. 1

Summary

In this original action concerning Colorado's violations of the Arkansas River Compact, the Court held that the Eleventh Amendment permits Kansas to recover damages measured partly by its farmers' losses because Kansas is pursuing its own sovereign interests, not merely representing private claimants. The Court also approved prejudgment interest on unliquidated damages, the use of interest rates reflecting farmers' borrowing costs, and the Special Master's crop-loss methodology. Balancing the equities, it allowed interest only from 1985, when Kansas filed its complaint, rather than from 1950 or 1969. It remanded to the Special Master to prepare a final judgment. Justice O'Connor, joined by Justices Scalia and Thomas, concurred in the immunity and crop-loss rulings and the remand but dissented from any award of prejudgment interest, reasoning that the compacting States could not fairly have contemplated that remedy in 1949.

Holding

  • Eleventh Amendment limits on damages measured by private losses.. Kansas may recover damages measured partly by individual farmers' losses because it is enforcing its own interests under the Compact rather than acting as a nominal party for private claimants.
  • Availability of prejudgment interest on unliquidated damages.. The unliquidated nature of Kansas' damages does not preclude an award of prejudgment interest.
  • Appropriate interest rates.. The Special Master properly used interest rates applicable to individual farmers rather than lower rates available to States.
  • Starting date for prejudgment interest.. Prejudgment interest should accrue from the filing of Kansas' complaint in 1985, not from 1950 or 1969.
  • Reliability of the crop-loss calculation.. Colorado's challenge to the Special Master's crop-loss calculation is unpersuasive.

Docket 105 ORIG

Cited authorities

  • 63 Stat. 145
  • 77 Nw. U. L. Rev. 192

Cited by

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