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Nebraska sues Colorado over water rights in the South Platte River

A legal standoff over water rights impacting ag producers is headed to the US Supreme Court.

Nebraska Attorney General Mike Hilgers says Colorado is violating the1926 South Platte River Compact by using more water than agreed upon. “What we’re doing is making sure this really critical resource, especially to our farmers and ranchers in western Nebraska, have access not just today, but for decades to come.”

On Wednesday, Hilgers and Nebraska Governor Jim Pillen said they are suing Colorado for violating a 1923 interstate water agreement. The complaint says Nebraska is entitled to at least 120 cubic feet of water per second each day of the summer, during irrigation season. The state is also allowed water during the wintertime. 

Hilgers tells Brownfield Nebraska has gotten its mandated water flows about half of the time. “On average, we are getting 75 cubic feet of water per second. There’s a lot more work that needs to be done to put a fine number on it. Our estimates are that at least over 1,000,000 acre feet of water and if translated to gallons that is over 400,000,000,000 gallons of water we haven’t gotten from Colorado over the last number of years.”   

He says Colorado is also impeding the construction of the Perkins County Canal. “We’re at an impasse getting the canal built in Colorado, which we think also puts them in breach of the deal.”

The Perkins County Canal would run through Keith County into Colorado and would divert at least 500 cubic feet of water per second during the winter and state lawmakers have approved $600 million to build it.

Colorado Attorney General Phil Weiser declined an interview request, but in a statement to Brownfield he said the failure to look for reasonable solutions and turn to litigation is both unfortunate and predictable given the misguided effort driving the proposed canal.

Hilgers says the legal process could take several years, which includes SCOTUS deciding to take the case, appointing a special master to gather information and provide a recommendation before the Justices hand down a decision.

Mike Hilgers: