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Nebraska Sues Colorado in Supreme Court Over South Platte River Diversions

Nebraska aims to enforce its rights under a 1923 compact through legal action that could clear the way for a cross-border canal to bolster dwindling water supplies.

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

  • Nebraska filed a lawsuit directly in the U.S. Supreme Court on July 16, accusing Colorado of diverting up to 1.3 million acre-feet of water from the South Platte River in violation of a 1923 interstate compact.
  • Under the compact, Nebraska is entitled to 120 cubic feet per second during the irrigation season and 500 cubic feet per second in non-irrigation months but has received significantly less flow this summer, forcing its Western Irrigation District to halt most surface deliveries.
  • The complaint highlights February condemnation notices issued to Sedgwick County landowners and alleges Colorado officials are blocking Nebraska’s $500 million Perkins County Canal project by obstructing land access and compact enforcement.
  • Colorado Attorney General Phil Weiser and Governor Jared Polis insist the state has met its obligations under the compact and warn that Nebraska’s suit will spur expensive counter-projects and protracted litigation.
  • Nebraska Attorney General Mike Hilgers anticipates a Supreme Court special master within 12 months and a final decision in 3 to 5 years, while design and permitting for the canal proceed unabated.