Nebraska presses Supreme Court to reject Colorado’s delay in ongoing water rights battle

LINCOLN, Neb. (KLKN) — Attorney General Mike Hilgers on Wednesday announced that Nebraska has continued its legal fight for water rights with Colorado.

In July, Nebraska sued Colorado over the enforcement of an agreement that would “clear the way” for the construction of the Perkins County Canal.

In response, Colorado told the Court that Nebraska’s case was premature.

SEE ALSO: Nebraska sues Colorado to ‘clear the way’ for construction of Perkins County Canal

Now, Nebraska is asking the U.S. Supreme Court to reject Colorado’s request to table the states’ dispute over the South Platte River Compact.

Nebraska and Colorado signed the South Platte River Compact in 1923.

The Compact was approved by both states’ legislatures, ratified by Congress in 1926 and has the force of federal law.

Nebraska filed its initial motion seeking the Supreme Court’s intervention on July 16.

Colorado responded on October 15, claiming that Nebraska and Colorado have no present dispute over the Canal because Nebraska has not yet built it.

As a result, the Nebraska Attorney General’s Office has continued its legal actions to ensure that the Compact is fulfilled and that the Perkins County Canal is built in a timely manner.

“Of course, Colorado wants more time,” Hilgers said in a press release. “Time only benefits them as they violate our rights under the Compact. Nebraska cannot afford more time—we are losing our water right now, and Colorado is obstructing Nebraska from accessing our non-irrigation season supplies via the Canal.”

“Our reply outlines why Colorado’s response is wrong,” Hilgers continued. “We have requested the Court reject Colorado’s tactics and allow Nebraska to proceed swiftly to the merits and enforce our Compact rights in order to remedy the breaches that are occurring today.”

It is anticipated that the Court will review the parties’ briefs and act on Nebraska’s request for review in the coming months.

Colorado Gov. Jared Polis posted a statement on Facebook regarding the lawsuit:

For more information on the South Platte Compact and the Perkins County Canal, click here.