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U.S. Supreme Court to hear Nebraska, Colorado water dispute

The United States Supreme Court has agreed to hear a water rights dispute that could impact ag producers in the Central Plains.

Southwest Nebraska farmer Dan Hughes says the state’s lawsuit against Colorado over access to the South Platte River has significant implications for the region. “We’re subject to drought and minimal rainfall. Every drop is precious to us in the west.”

On Monday, the high court granted Nebraska’s request to hear the case over the South Platte River Compact. The agreement says the Cornhusker state is entitled to 120 cubic feet per second during the irrigation season. Attorney General Mike Hilgers alleges Colorado has violated the pact by depriving Nebraska of more than 1,000,000 feed of water since it was enacted in 1923.

Hughes tells Brownfield the standoff is also impeding Nebraska’s ability to build the Perkins County Canal, which could serve as a vital irrigation source. “Nebraska needs to stick to its guns because in another 50 years water will be priceless. The more that we can make sure we have access, the stronger the entire economy of the state of Nebraska will be.”  

The former state senator helped secure approval of the canal, and he says it won’t have a direct impact on his operation. But, “The building of the canal and a couple of reservoirs will certainly be a huge a impact to the local economy if we have additional water for irrigation and ground water recharge. Then we have the recreation aspect of it.”

In a statement to Brownfield, Hilgers says the state intends to sop the violations of the agreement and recover appropriate relief for the water it has lost.

Colorado Attorney General Phil Weiser says Nebraska’s burden to prove the claims is incredibly high and is complying with the compact and isn’t interfering with construction of the canal system.

It’s unclear when the Supreme Court could hear the case.  Colorado has 30-days to file a response.

Dan Hughes: