COLORADO v. KANSAS

No. 5, original.

320 U.S. 383 (1943)

COLORADO v. KANSAS ET AL.

Supreme Court of United States.

Decided December 6, 1943.


Attorney(s) appearing for the Case

Messrs. Gail L. Ireland, Attorney General of Colorado, Jean S. Breitenstein, and Henry C. Vidal, with whom Messrs. Arthur C. Gordon and A.W. McHendrie were on the brief, for complainant.

Messrs. W.E. Stanley and Eldon Wallingford, Assistant Attorney General of Kansas, with whom Mr. A.B. Mitchell, Attorney General, was on the brief, for defendants.

Solicitor General Fahy, on behalf of the United States, and Messrs. Walter R. Johnson, Attorney General of Nebraska, and Paul F. Good, on behalf of that State, filed briefs as amici curiae, suggesting the elimination, from the form of final decree proposed by the Special Master, of language relating to state ownership of waters of the Arkansas River.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

This suit is the latest of a series of litigations between Kansas, or her citizens, and Colorado, or her citizens, concerning their respective rights to the beneficial use of the waters of the Arkansas River.

The river has its origin in central Colorado, and is a mountain torrent for 130 miles to a point near Canon City where it enters a foothill region ending near Pueblo. Thence it traverses the high...

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