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Kansas v. Colorado
United States Supreme Court
206 U.S. 46 (1907)
- Written by Rose VanHofwegen, JD
Facts
In the late 1800s, farmers in Colorado (defendant) diverting water for irrigation from the Arkansas river diminished the flows that reached Kansas (plaintiff). Arid Colorado used a prior-appropriation system to allocate water rights to miners and farmers as they appropriated and used water, while less arid Kansas followed the common-law riparian rule that landowners on riverbanks were entitled to use the full, continuous natural flow, subject to others’ reasonable uses. Kansas sued asserting that Colorado was depriving Kansas of its water rights.
Rule of Law
Issue
Holding and Reasoning (Brewer, J.)
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