Water and the Law

Water and the Law
Tom McBride
Center for International Studies
Lenexa, Kansas

Overview:
Water, water, not on the ground in these parts. There is little surface water in SW Kansas, except for the Arkansas River, which is a river that flows out of the mountains of Colorado. The Arkansas River is a major surface water for Southeastern Colorado and Southwestern Kansas, both dry places. The economic life of these two areas depends on water, lots of it. Kansas and Colorado have been fighting since 1901 before the United States Supreme Court over the WATER in the Arkansas River. Three major water cases of l901-07, 1927-43, and 1985-95 are the focus of this lesson.

Grade Level: Grades 11 and 12

Time Needed: 3 class periods

Geographic Themes:
Place, Region, Human/Environmental Interaction

Kansas Social Studies Standards for Benchmarks, Grade Levels 12-K:
The student will understand the connections among people, places, and environments in the local school and community, Kansas and its surrounding states, the United States and its region, and the world.

The student will understand the effects of economics, science, and technology in the local school and community, Kansas and its surrounding states, the United States and its region, and the world.

The student will understand the roles of individuals, groups, and institutions throughout time in the local community, Kansas and its surrounding states, the United States and its region, and the world.

National Geography Standards, Grades 9-12:

#3 The geographically informed person knows and understands how to analyze the spatial organization of people, places, and environments on Earth's surface.

#16 The geographically informed person knows and understands the changes that occur in the meaning, use, distribution and importance of resources.

Outcomes:
The student will know the major decision of each of the U.S. Supreme Court cases in the dispute between Kansas and Colorado on Arkansas River surface water.

Performance Objective:
The student will complete a written or oral report on one of the following cases: Kansas v. Colorado (1907), Colorado v. Kansas (1943), or Kansas v. Colorado (1995).

Terms (see Glossary):

Surface Water
Ground Water Special Master
Riparian Rights

Materials:
Map of Kansas average annual precipitation and runoff (see Appendix B)
Copy of Phil Brink's article, "The Value of Water"
Geographic Insights, Vol. vi (2). May 1996, pages 10-11
Upper Arkansas Basin Section, reprint from Kansas Water Office

The cases, The summary of the decisions which are in the SUPREME COURT REPORTER, in the reference section of your local library or the law library at your county court house.

Case #1 Kansas v. Colorado (1907) Supreme Court Reporter, Vol. 27, Oct. term 190607, page 655 ff.

Case #2 Colorado v. Kansas (1943) Supreme Court Reporter, Vol. 64, Oct. term 1943, page 176, ff.

Case #3 Kansas v. Colorado (1995) Supreme Court Reporter, not bound, interim Ed. 115B, Oct. term 1995, page 1733 ff.

Procedures:

1. Introduce the lesson by opening with the idea that most cases heard before the Supreme Court of the U.S. are not criminal cases, but civil and governmental issues involving rights and actions to settle disputes by the rule of law, rather than force. The importance of WATER for life and economic benefit is accepted by most, but when WATER is in limited supply, conflicts arise.

2. In working on the next lesson, "Water and the Law," you will research a problem centered in three Supreme Court cases between Kansas and Colorado and the use of the Arkansas River water.

Step#1:
Pass out three background materials, read over, and have students tell what data each gives. All three data sheets point Out the demands on water, the limits of water, and some concerns about water.

Step#2:
Pass Out the list of the three cases. You can have students find the decision summaries and bring them to class, or run off a class set for each student. I would get three groups of three. Let each group pick one of the cases. Ask the students to get very specific points of information from each summary.

Step#3:
Each case summary should be read and key points pulled out. You want the students to get at the issue questions as well as the opinion given by the court. In most civil cases there is no good guy or bad guy. The decision tries to settle the dispute by giving each side some degree of relief. Justice is the goal of our courts.

Step#4:
Have each student group report on their findings. The discussion can take a week of class time. This could also be set in a project mode, with students doing some map display and chart work based upon these court cases.

Step #5:
The student will have a copy of the case. The student will compose a summary of the key points in the opinion. noting who won and why, based on the document. No opinion here without proof of the document. Direct students to make a short list of terms that were difficult to understand. Direct students to take an active and positive part in the discussion.

HINTS:
Kansas v. Colorado 1907, Justice Brewer's opinion starting on page 661 to 676, many arguments are given to justify the role of the court to be involved, and the importance of Riparian rights, but these original rights must be used in a reasonable manner with regard for the rights of other owners along the course of the stream. Colorado v. Kansas 1943, Justice Robert's opinion starts on top of page 177 to 184. Colorado asks the court to dismiss a suit by Kansas to stop water diverting from the Arkansas River before it reaches Kansas. Colorado wins this round.

Kansas V. Colorado 1955. Justice Rehnquist's opinion found for Kansas, but not completely. The case centers around the water compact made in the late 40's coming from the 1943 decision. By the 1980's, both states are into heavy water use and the use of ground water extensively. The court turns the problem back to the Special Master, water expert, to deal with this ongoing problem.

Assessment:
Check students' report for the completion of their summary and argument.

Extension:
Students can discuss the long-term implications of each court case and describe what they think might happen in the future.

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e-mail: pphillip@fhsu.edu

irc staff 11/13/97 (updated kn 06/18/99)
Disclaimer

#3	The geographically informed person knows and understands how to analyze the spatial organization of people, places, and environments on Earth's surface.
#16	The geographically informed person knows and understands the changes that occur in the meaning, use, distribution and importance of resources.

1.	Introduce the lesson by opening with the idea that most cases heard before the Supreme Court of the U.S. are not criminal cases, but civil and governmental issues involving rights and actions to settle disputes by the rule of law, rather than force. The importance of WATER for life and economic benefit is accepted by most, but when WATER is in limited supply, conflicts arise.
2.	In working on the next lesson, "Water and the Law," you will research a problem centered in three Supreme Court cases between Kansas and Colorado and the use of the Arkansas River water.