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Nebraska Files Supreme Court Suit Against Colorado Over South Platte River Flows

Nebraska’s suit is intended to secure irrigation water for farmers by enforcing compact terms under the Supreme Court’s original jurisdiction.

This photo combination shows, from left, Nebraska Gov. Jim Pillen taking part in a panel discussion, Nov. 16, 2022, in Orlando, Fla., Colorado Attorney General Phil Weiser speaking during an interview with The Associated Press, Nov. 21, 2024, in Philadelphia and State Sen. Mike Hilgers, of Lincoln, speaking during a debate in Lincoln, Neb., April 3, 2018. (AP Photo/Phelan M. Ebenhack, Matt Slocum, Nati Harnik, file)
The South Platte River flows near Fort Morgan on Thursday, April 28, 2022. As climate change-fueled megadrought edges eastward, Nebraska wants to divert water in Colorado by invoking an obscure, 99-year-old compact between the states that allows Nebraska to seize Colorado land along the South Platte River to build a canal. (AP Photo/Brittany Peterson)
U.S. Supreme Court Chief Justice John Roberts and Associate Justice Sonia Sotomayor talk on the House floor ahead of the annual State of the Union address by U.S. President Joe Biden before a joint session of Congress at the Capital building on March 7, 2024, in Washington, DC.

Overview

  • The July 16 lawsuit alleges Colorado deprived Nebraska of as much as 1.3 million acre-feet of water guaranteed under the 1923 South Platte River Compact.
  • According to Nebraska officials, Colorado has been delivering only about 75 cubic feet per second this irrigation season instead of the compact’s 120 cfs allocation.
  • Nebraska plans to continue permitting and engineering work on the $500 million Perkins County Canal while the case moves through the Supreme Court.
  • Colorado officials, led by Governor Jared Polis and Attorney General Phil Weiser, have called the lawsuit meritless and predicted that prolonged litigation will increase costs for both states.
  • A special master may be appointed within 12 months and Nebraska faces a potential three- to five-year wait for a final Supreme Court decision.