Central Nebraska Public Power and Irrigation District, Twin Platte Natural Resources District, Central Platte Natural Resources District, South Platte Natural Resources District, Western Irrigation District and Nebraska Public Power District
(Holdrege, Neb.) - The State of Nebraska—under the firm leadership of Governor Jim Pillen and Attorney General Mike Hilgers—has filed a case in the U.S. Supreme Court to protect what belongs to Nebraskans: our water, our economy, and our future.
For a century, Nebraskans have relied on a promise embedded in the 1923 South Platte River Compact; a promise that Nebraska would be guaranteed water not only to meet its irrigation demands then, but also that it would get more water in the future – over four times more - if it built the Perkins County Canal. Colorado has reneged, and its actions have harmed Nebraskans. Our leaders are right to demand justice and to hold Colorado to its word.
Colorado’s Violations Hurt Every Corner of Nebraska
In recent years, South Platte River flows have dropped below 120 cubic feet per second (cfs) hundreds of times in the summer irrigation season. This threshold is supposed to trigger meaningful action by Colorado to reduce its use and protect Nebraska irrigators. But Colorado’s black box water management scheme allows junior Colorado water users to continue taking Nebraska’s water. In 2022, the Western Irrigation District, which depends on Compact flows, was forced to shut down most of its surface water deliveries for the first time in nearly 50 years. That meant failed crops, lost livelihoods, and shattered trust.
As Governor Pillen said, “They want absolutely everything. They’re even stealing the water from their own farmers for crying out loud. They are going to continue to develop the upstream economy at the expense of Colorado farmers and Nebraska farmers and I might also say the City of Lincoln.”
Colorado’s so-called augmentation scheme is a Devil’s bargain. It allows junior Colorado users to pump heavily in summer when they would otherwise be shut down. They then allegedly “pay back” their summer withdrawals with stored winter water using a complex and multilayered system of water management that fails the straight face test and violates the Compact’s plain terms. The result is real-time shortfalls for Nebraska irrigators in the summer when they need the water the most.
In total, experts believe Colorado has deprived Nebraska of up to 1.3 million acre-feet of water — water that should have been irrigating thousands of acres of Nebraska crops. Nebraska officials have asked the Supreme Court to require Colorado to repay this debt with real, wet water. We pay our debts in Nebraska, and we expect our neighbors to do the same.
The Perkins County Canal: The Key to Unlocking Our Full Compact Rights
In addition to summer flows, the Compact gives Nebraska the right to build the Perkins County Canal to capture at least 500 cfs of winter flows, along with other excess waters. Yet, despite over $600 million appropriated by the Nebraska Legislature and years of planning, Colorado steadfastly refused to take Nebraska seriously. Casually dismissing the massive project as a “boondoggle”, Colorado officials and allied groups have obstructed Nebraska at every step.
But why? If it’s pure folly, and Nebraska is simply wasting its money, then why does Colorado care so much? Perhaps because Nebraska is finally about to expose the uncomfortable truth about Colorado water management. The fact is that the Perkins County Canal will call out the water Colorado’s augmentation plans rely on to take Nebraska’s summer irrigation water. In plain terms, Peter will be broke and won’t be able to pay Paul. That water will instead flow downstream into Nebraska – just as the compact intended.
So, Colorado officials have not only acknowledged our right to build the Canal but also refused to honor our right unless we build the canal. At the same time, they oppose Nebraska’s every effort and refuse to work with Nebraska even in its efforts to minimize impacts on Colorado landowners. Colorado cannot speak out of both sides of its mouth while obstructing Nebraska’s efforts to secure water rights prescribed by the Compact.
We’ve Tried to Resolve This With Colorado
Nebraska worked in good faith for nearly three years. Colorado clearly intends to delay our progress as they race to slake their thirst for South Platte water with billions of dollars dedicated to water development projects in the basin. There is no way for Nebraska to address Compact disagreements as the Compact does not include a commission or dispute resolution board. That’s why Attorney General Hilgers is right: only the U.S. Supreme Court has the authority to fairly resolve this matter and stop the damage before it becomes permanent.
Colorado’s arguments of Compact compliance hinge on bookkeeping magic and temporary loopholes; Nebraska’s case rests on the Compact’s plain promise of water delivered when and where it is needed and in amounts that keep both states thriving.
This Supreme Court case will secure Nebraska’s ability to irrigate our crops, power our homes, grow our economy, and sustain our natural environment for generations to come. We’re not asking for extra water—just what the Compact promised. And, we must put a stop to Colorado’s overuse. It is not an accident; it’s a policy directed at maximizing water use and economic development upstream of the State line and at Nebraska’s expense.
United in Purpose, Thankful for Leadership
The Canal will protect the investments Nebraska has made in its water management portfolio; doing nothing will erode that investment and hand over our water to further the economics of Colorado. As stakeholders in Nebraska’s water future, we are proud to support the State’s legal action. We thank Governor Pillen and Attorney General Hilgers for their decisive, principled leadership. They are not just standing up for a legal document—they are standing up for farmers, ranchers, power producers, wildlife, and the families who depend on this water.
Colorado is threatening the livelihoods of Nebraska’s farmers, the reliability of municipal supplies, our energy security, and critical habitat along the Platte River. Let there be no doubt: Nebraska is fighting for what was promised, and we stand with that fight and urge all Nebraskans to join us.