By Matt Olberding, Interim News Director, Nebraska Public Media
Nebraska officials on Wednesday announced a lawsuit against Colorado to enforce the South Platte River Compact and clear the way for construction of the Perkins County Canal, a project the state says it needs in order to fully utilize its water rights on the river.
Nebraska Attorney General Mike Hilgers and Gov. Jim Pillen held a news conference along with other officials to announce the lawsuit, which was filed directly with the U.S. Supreme Court. Colorado's officials quickly shot back with statements dismissing the suit as meritless.
Nebraska and Colorado signed the South Platte River Compact in 1923. The Compact was approved by both states’ legislatures, ratified by Congress in 1926, and has the force of federal law. The Compact limits certain Colorado uses and defines how much water Nebraska is to receive from the river in both the summer (irrigation) season and the winter (non-irrigation) season.
Nebraska officials say Colorado is currently threatening the state’s water supply of the South Platte River in at least two ways. First, Colorado allows unlawful water diversions that have deprived Nebraska of its right to water during the irrigation season. Second, Colorado is obstructing Nebraska’s efforts to construct the Perkins County Canal.
Hilgers said the lawsuit is necessary to resolve what has turned into an irreconcilable conflict over the design and operation of the Perkins County Canal.
"These are the sorts of things, over natural resources, that people go to war over. Thankfully, in the United States, we don't do that. We fight in court. But this is what the United States Supreme Court is designed to do, which is address these sort of enormous, foundational questions for the future of arid states," said Hilgers.
Pillen said the lawsuit comes, “only after we made every reasonable effort to resolve our differences with Colorado. Ultimately, Nebraska must push forward to secure our water for future generations. Although we hoped to avoid a lawsuit, we are confident we remain on schedule to complete the Perkins County Canal by 2032.”
Colorado is now required to answer Nebraska’s claims, and the U.S. Supreme Court will later decide how to proceed.
Colorado Gov. Jared Polis dismissed the lawsuit as "needless" and said the state will defend its landowners and water users.
“I am disappointed that the States of Colorado and Nebraska will need to waste time and money in court over this meritless challenge. Colorado has always been in compliance with the South Platte Compact and other applicable agreements. We have also continued to meet in good faith with Nebraska, despite its attempts to intimidate Colorado landowners and damage our agricultural communities," said Polis.
In a separate statement, Colorado's Attorney General, Phil Weiser, said Nebraska has unleashed what could be decades of costly litigation for the two states.
“When the dust finally settles, likely over a billion dollars will have been spent—tens of millions of that on litigation alone—and no one in Nebraska or Colorado will be better off. To avoid this outcome, Nebraska will ideally realize that through cooperation and collaboration, rather than litigation, our states could achieve a durable and thoughtful solution that addresses any concerns they might have. By so doing, we can increase resiliency in the region and ensure that the agricultural communities of Northeast Colorado and Northwest Nebraska can both thrive in the future.”
