The U.S. Supreme Court has agreed to hear a lawsuit filed by Nebraska against Colorado regarding water rights under the South Platte River Compact.

Core Issues

• Water Allocation: Nebraska alleges Colorado has violated the compact by allowing junior water users to intercept water during the irrigation season that rightfully belongs to Nebraska.
• Perkins County Canal: Nebraska claims Colorado is interfering with its right to build and operate the Perkins County Canal, a project originally outlined in the century-old compact and revived by Nebraska in 2022.

Next Steps
The Supreme Court will appoint a special master to oversee the case, hold hearings and provide recommended findings.

Differing Perspectives

• Nebraska Officials: Attorney General Mike Hilgers and Gov. Jim Pillen maintain that Nebraska is being deprived of water entitled to it and that they are prepared to hold Colorado accountable.
• Federal Legal Input: Earlier this year, the U.S. Solicitor General recommended that the court hear the irrigation water dispute but advised against hearing the canal project claim, deeming it “unripe.”
• Colorado’s Stance: Colorado officials have criticized the canal project, labeling it a “boondoggle” and an unlikely, wasteful use of taxpayer funds. Experts in the field have also expressed skepticism regarding the clarity of Nebraska’s rights over the water in question.