Colorado v. Kansas, 320 U.S. 383 (1943)

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Colorado v. Kansas

No. 5, original

Argued October 11, 12, 1943
Decided December 6, 1943
[U.S. Reports citation not yet available]

BILL IN EQUITY

Syllabus

In a suit involving use of the waters of the Arkansas River, brought by Colorado against Kansas and a Kansas user, held:

1. Colorado is entitled to an injunction against further prosecution of suits by the Kansas user against Colorado users. P. 391.

2. Kansas v. Colorado, 206 U.S. 46, made no allocation between the States of the waters of the river. P. 391.

3. Kansas is not entitled on the record to an apportionment in second feet or acre feet. P. 391.

4. In controversies involving the relative rights of States, the burden on the complaining State is much heavier than that generally required to be borne by private parties, and this Court will intervene only where a case is fully and clearly proved. P. 393.

5. Kansas’ allegations that Colorado’s use has materially increased since the decision in Kansas v. Colorado, and that the increase has worked a serious detriment to the substantial interests of Kansas, are not sustained by the evidence. P. 400.

6. Relief other than the restraint of further prosecution of suits by the Kansas user against Colorado users is denied to both States. P. 400.

Original suit in equity by Colorado against Kansas and the Finney County (Kansas) Water Users’ Association.