Overview

• Colorado’s response brief filed Wednesday tells the justices Nebraska is seeking review on a “hunch” and lacks developed facts on alleged compact violations.
• Nebraska’s July petition claims Colorado unlawfully diverts up to 1.3 million acre-feet before the border and says Colorado is blocking the Perkins County Canal.
• Nebraska has appropriated roughly $628 million for the canal, which would enable winter-season diversions contemplated under the century-old compact.
• The compact requires Colorado to pass 120 cubic feet per second during the April 1–Oct. 15 irrigation season and allows Nebraska up to 500 cubic feet per second in the non‑irrigation season if the canal is built.
• Colorado acknowledges Nebraska’s right to build the canal and pursue eminent domain but says any land seizures must proceed under Colorado processes, noting Nebraska sent and later withdrew condemnation filings; the Supreme Court is expected to decide by July whether to take the case, which would then move to a special master and years of discovery.