100-Million-dollars in the hole. Colorado is anticipating a shortfall of at least that much due to a failing economy, and now a lawsuit could tack on an extra nine-million-dollars to that.

Colorado Attorney General John Suthers says the state of Kansas is after us. In 1985 Kansas had three claims against Colorado worth 300-million-dollars, all of it having to do with Colorado withdrawing well-water that actually belonged to Kansas. Kansas won one claim and was awarded 34-million-dollars. Now Kansas is looking for an extra 9-million-dollars in a continued battle over water rights that's been going on for more than 100-years.

"This is the first opportunity I've had in the fours-years I've been Attorney General," said Suthers.

Not many cases get to be battled out at the Federal U.S. Supreme Court level. "They decline all but about 1/2 a percent of the cases they're asked to hear," said Suthers. That's roughly 90-cases a year out of several thousand requests, but this case, Colorado versus Kansas, has to be heard because it's state versus state.

Suthers will take to the courts on Monday in Washington D.C. and has only minutes to make his case. "What happens in an argument like this, you get about a sentence into it and then the court starts asking you questions and that takes up your whole half hour," said Suthers.

Suthers says it's a battle that's been going on between Kansas and Colorado for more than a century, all having to do with water rights.

If Kansas wins yet again? "We have to find nine-million-dollars. The same place we found the 34-million-dollars to pay off this lawsuit in the first place," said Suthers.

Suthers says the money would likely be drafted from the Department of Natural Resources. It'll be two months before the Supreme Court comes to a decision.