Overview

• Attorney General Phil Weiser filed a brief arguing Nebraska’s petition is unripe and based on hypothetical concerns that do not merit Supreme Court review.
• Nebraska’s lawsuit alleges Colorado diverted up to 1.3 million acre-feet in violation of the 1923 compact and seeks clarity on using eminent domain for a Perkins County Canal route in Colorado.
• Colorado acknowledges Nebraska’s compact right to build the canal, including eminent domain, but says any takings must follow Colorado’s legal processes.
• The brief notes Nebraska previously filed, then withdrew, condemnation actions in Sedgwick County and claims Nebraska offers few concrete facts of harm or compact shortfalls.
• The court is expected to decide by July whether to take the case, and acceptance would lead to a special master and a multi-year process that sustains uncertainty for northeast Colorado agriculture.