Nebraska Files Likely Billion Dollar Suit v. Colorado over water
July 17, 2025
DENVER, CO., – It’s a red state vs. blue state court case over the water that both states depend upon. The state of Nebraska is suing Colorado over the Perkins County Canal in a lawsuit filed with the U.S. Supreme Court.
Colorado Attorney General Phil Weiser said in a statement he anticipates the court battle will cost over a billion dollars and, he said, no one in either state will be better off.
“It’s unfortunate that Nebraska leaders decided to put politics above farming and ranching communities and the regional agricultural economy,” he said. “The failure to look for reasonable solutions and to turn to litigation is both unfortunate and predictable given the misguided effort driving the proposed canal.”
“Nebraska has now set in motion what is likely to be decades of litigation. And if, after decades of litigation, the court allows Nebraska to move forward with its wasteful project, Nebraska’s actions will force Colorado water users to build additional new projects to lessen the impact of the proposed Perkins County Canal,” he added.
Nebraska Gov. Jim Pillen and Attorney General Mike Hilgers held a news conference Wednesday to announce the lawsuit.
In a joint statement, Pillen 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. Although we hoped to avoid a lawsuit, we are confident we remain on schedule to complete the Perkins County Canal by 2032.”
According to Hilgers, the action will ensure that Nebraska receives all the water to which it is entitled to under the Compact and that Nebraska’s agriculture and economy are protected. Our suit has two basic elements: First, it challenges Colorado’s ongoing, unauthorized overuse of Nebraska’s water during the summer and the rationale Colorado uses to justify it. Second, we challenge Colorado’s efforts to obstruct the construction of the Canal and prevent Nebraska from accessing the additional water Nebraska is entitled to in the South Platte River Compact. Water is the essential lifeblood of Nebraska’s economy, and it’s my goal to protect one of the state’s most important assets.”
Colorado Gov. Jared Polis said in a statement Wednesday: “I am disappointed that the States of Colorado and Nebraska will need to waste time and money in court over this meritless challenge. Colorado has always been in compliance with the South Platte Compact and other applicable agreements. We have also continued to meet in good faith with Nebraska, despite its attempts to intimidate Colorado landowners and damage our agricultural communities. This escalation by Nebraska is needless, and Colorado will take all steps necessary to aggressively defend Colorado water users, landowners, and our rural economy.”
Source: Western Ag Network
