TOPEKA — A federal special master has recommended that Nebraska be required to pay up to $5.5 million to Kansas for using more than its legal share of water from the Republican River during 2005 and 2006. The judge also has recommended a new measure for damages to discourage future overuse, Kansas Attorney General Derek Schmidt said. William Kayatta, Jr., the special master, recommended that the U.S. Supreme Court enter a judgment in favor of Kansas. For the first time, a special master is recommending payments for future overuse of water Nebraska receives in unjust economic gains from keeping more than its share of water in dry years. In 2003, Kansas and Nebraska settled a previous dispute over use of water in the Republican basin. Less than two years later, Nebraska violated the agreement and took more than its entitlement. As a result, kansas went back to court to seek enforcement of the settlement, and two years ago, the supreme court agreed to hear the dispute.
Monday, Nov. 18, 4 p.m.
