Photo: Coyote Gulch archives
It's always a big deal for an attorney to get the chance to argue a case in front of the U.S. Supreme Court. On Monday Colorado's own Attorney General John Suthers gets a chance to save Coloradans $9 million by convincing the justices that we shouldn't be responsible for the extra expert witness charges Kansas is trying to stick us with in the ongoing saga of Kansas v. Colorado.
Kansas has complained mightily over the years -- starting in 1902 -- about reduced flows in the Arkansas River due to irrigation activities in Colorado. Colorado has paid Kansas $34 million for permitting wells that reduced the flows. Now Kansas is arguing that the federal cap on expert witnesses of $40 per day does not apply to cases that go directly to the U.S. Supreme Court. Writing on Law.com Tony Mauro reports:
In disputes like Kansas v. Colorado, which come under its so-called original jurisdiction, the Supreme Court is the tribunal of first, not last resort, which means it arrives without a lower court record. As a result, the Court appoints a special master to conduct the fact-finding and recommend a resolution.
If you've ever doubted the importance of water this should clear things up. Water disputes between the states go directly to the U.S. Supreme Court.
Click through and read the Law.com article. They include some interesting stuff on the special master in the case -- Arthur Littleworth -- who has been the Court's special master in the case since 1987.
Good luck to Attorney General Suthers.
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