Supreme Court sides with Kansas in water dispute

Recent Cases

The Supreme Court on Tuesday ordered Nebraska to pay Kansas $5.5 million in a long-running legal dispute over use of water from the Republican River.

The justices also gave Nebraska some of what it asked for and ordered changes to the formula for measuring water consumption. Nebraska argued that the formula was unfair.

Justice Elena Kagan, writing the majority opinion, said the court was adopting the recommendations of the independent expert the justices appointed to help resolve the states' differences.

The dispute centers on a 1943 compact allocating 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Since 1999, Kansas has complained that Nebraska uses more than its fair share of water from the river, which originates in Colorado and runs mostly through Nebraska before ending in Kansas.

"Both remedies safeguard the compact; both insist that states live within its law," Kagan wrote.

Nebraska Attorney General Doug Peterson's office said it was pleased with the decision. The $5.5 million award is significantly less than the $80 million that Kansas had sought.

"We hope the decision will move the basin states forward and provide continued incentives toward shared solutions to our common problems," the office said in a statement. "We are confident that payment of the court's recommended award will finally allow us to leave the past where it belongs — in the past."

While calling the decision "reasonable," Nebraska Gov. Pete Ricketts said he looked forward to working with his Kansas and Colorado counterparts to move forward.

Related listings

  • NY court: Chimps don't have same rights as humans

    NY court: Chimps don't have same rights as humans

    Recent Cases 12/05/2014

    A chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, a New York appeals court ruled Thursday. The three-judge Appellate Division panel was unanimous in denying "legal personhood" to Tommy, who lives alone ...

  • Court reverses woman's conviction in child's death

    Court reverses woman's conviction in child's death

    Recent Cases 09/22/2014

    A state appeals court Wednesday overturned the conviction of a South Texas woman imprisoned for capital murder in the 2006 salt poisoning death of her 4-year-old foster son. The Texas Court of Criminal Appeals granted a new trial for Hannah Overton o...

  • Ohio to court: Privatizing prisons in budget is legal

    Ohio to court: Privatizing prisons in budget is legal

    Recent Cases 09/08/2014

    State lawyers tell the Ohio Supreme Court that using a budget bill to privatize state prisons didn’t violate a constitutional provision holding bills to a single subject.In a brief filed today, Ohio said the state’s budget, like any family’s, involve...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

West Hartford, Connecticut Special Education Lawyer Forte Law Group focuses on special education law and empowering parents to advocate for their child’s rights. >> read