LINCOLN — Nebraska is taking legal action against Colorado in the U.S. Supreme Court over access to water from the South Platte River, marking a major escalation in a long-standing dispute between the two states.
Governor Jim Pillen and Attorney General Mike Hilgers announced the lawsuit at a press conference Wednesday morning. They allege that Colorado has failed to uphold its obligations under the South Platte River Compact, a century-old agreement that guarantees Nebraska 120 cubic feet per second of water during the irrigation season. They also claim Colorado is interfering with Nebraska’s efforts to build the Perkins County Canal, a major infrastructure project designed to draw water from the river into southwest Nebraska.
“This is simple—Colorado has been holding back water for nearly a hundred years, and it’s only getting worse,” Pillen said, pointing to drought-stricken farmland in western Nebraska that he said is suffering as a result.
Hilgers added that Nebraska farmers have frequently reported receiving less water than promised, and said the state has no choice but to take legal action after repeated failed negotiations with Colorado.
In response, Colorado Attorney General Phil Weiser criticized Nebraska’s approach, accusing leaders of putting politics ahead of collaborative problem-solving. He called the lawsuit “predictable” and reiterated his stance that the canal project is “unwise and unlikely to happen.”
The $600 million Perkins County Canal would be the largest infrastructure project in Nebraska history. It aims to secure long-term water access by building a canal-and-reservoir system fed by the South Platte River. Construction would require Nebraska to purchase private land in Colorado—something that Hilgers said initially seemed possible but has now been met with resistance, including organized pushback against the use of eminent domain.
Pillen said the state had attempted a diplomatic approach but could no longer afford to delay. “We’ve been playing Nebraska nice, and we’ve been losing,” he said, adding that he and Colorado Governor Jared Polis remain far apart on the issue.
Weiser suggested there’s still an opportunity to return to the negotiating table, warning that a legal battle could take years, cost millions, and ultimately hurt both states.
Hilgers estimated the case could take three to five years to resolve and may cost Nebraska around $2 million. While the legal process unfolds, the state plans to continue with the canal’s design phase, with an anticipated completion date of 2032.
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