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

LINCOLN, Neb. (KLKN) – Nebraska is suing the State of Colorado over the enforcement of an agreement that would “clear the way” for the construction of the Perkins County Canal.

The litigation over the South Platte River Compact was announced Wednesday during a joint news conference with Gov. Jim Pillen and Nebraska Attorney General Mike Hilgers.

The compact was signed by Nebraska and Colorado in 1923.  It limits certain Colorado uses and defines how much water Nebraska can receive from the South Platte River in both the summer and winter.

The attorney general’s office claims that Colorado is “threatening” Nebraska’s water supply in two different ways.

Hilgers says Colorado allows “unlawful water diversion that has deprived Nebraska of its right to water during irrigation season.”

He also states that Colorado is “obstructing” Nebraska’s efforts to build the Perkins County Canal, a project that would divert water from the South Platte River to farmland across Nebraska.

In a press release, the attorney general’s office said the U.S. Supreme Court’s intervention “is needed to stop Colorado’s violations of the South Platte River Compact.”

Nebraska also seeks to resolve the “irreconcilable conflict” over the Perkins County Canal project, officials said.

“Today’s action comes only after we made every reasonable effort to resolve our differences with Colorado. Ultimately, Nebraska must push forward to secure our water for future generations,” Pillen said in a statement. “Although we hoped to avoid a lawsuit, we are confident we remain on schedule to complete the Perkins County Canal by 2032.”

The attorney general’s office said Colorado is now required to answer Nebraska’s claim.

The Supreme Court will later decide how to proceed with the litigation.