UPDATE: Nebraska has officially filed a lawsuit against Colorado, escalating a long-standing water rights conflict between the two states over the South Platte River. The lawsuit was announced today by Nebraska Governor Jim Pillen and Attorney General Mike Hilgers, aiming to resolve the critical issue of water allocation exacerbated by climate change.
The legal action, filed with the U.S. Supreme Court, accuses Colorado of withholding up to 1.3 million acre-feet of water that Nebraska is entitled to under a historic 1923 compact. Governor Pillen emphasized the urgency, stating, “Colorado has been holding water back from Nebraska for almost 100 years and getting more egregious every single day.”
Nebraska’s agricultural needs are pressing, especially as climate experts warn of hotter and drier conditions in the southwestern region. The lawsuit also highlights Colorado’s obstruction of Nebraska’s plans to build a significant canal, known as the Perkins County Canal, aimed at diverting necessary water supplies. This canal is crucial for providing up to 12% of Lincoln’s water supply, underscoring the human impact of this dispute.
Colorado’s Attorney General Phil Weiser responded to the lawsuit by calling it “unfortunate,” suggesting that Nebraska should have sought more collaborative solutions rather than resorting to litigation. The conflict centers around a compact that guarantees Nebraska 120 cubic feet per second of water during the irrigation season from April 1 to October 15, but officials claim Colorado has been supplying only about 75 cubic feet per second this summer.
“This may be the most consequential lawsuit that this office will be a part of in my generation,” Hilgers stated, emphasizing the lawsuit’s significance for Nebraska’s future. He warned that the legal process could take 3 to 5 years to resolve, although he confirmed that work on the canal’s permitting and design will continue.
The South Platte River has become a focal point in regional tensions, with disputes over water rights intensifying since Nebraska announced its canal project in 2022. Both states have previously reached agreements over water allocation, notably in 2002 and 2014, but ongoing negotiations have stalled, leading to this latest legal confrontation.
Experts warn that as climate change continues to worsen water shortages, conflicts over water rights may become more frequent. Dr. Carly Phillips, a research scientist at the Union of Concerned Scientists, stated that rising temperatures are impacting snowpack and stream flow, which are critical for water supply.
The situation remains fluid, with both states bracing for a prolonged legal battle that could reshape water management in the region. As the lawsuit unfolds, the stakes are high for Nebraska’s farmers and communities reliant on the South Platte River, making this an urgent issue for all residents and stakeholders involved.
Stay updated as we follow this developing story.