Kansas v. Colorado — O'Connor, J., concurring in part and dissenting in part

Summary

Justice O'Connor concurred in part in the Court's disposition regarding the award and determination of damages, joining Parts I, IV, and V of the majority opinion. She dissented from the award of prejudgment interest to Kansas, arguing that under the law at the time the Compact was signed, such interest on unliquidated damages was unforeseen by the parties. She would have denied prejudgment interest to align with the 'fair intendment' of the original contract.