URGENT UPDATE: Nebraska has officially filed a lawsuit against Colorado regarding water rights from the South Platte River, escalating a long-standing dispute intensified by climate change. The lawsuit was announced just hours ago by Nebraska Governor Jim Pillen and Attorney General Mike Hilgers during a news conference in Omaha.
“We’re here to put our gloves on,” Pillen stated emphatically. “We’re going to fight like heck. We’re going to get every drop of water.” This legal battle could significantly impact water supplies in Nebraska, which has been deprived of an estimated 1.3 million acre-feet of water over the past several years under a 1923 compact governing water allocation between the states.
Attorney General Hilgers highlighted that Colorado is supposed to provide Nebraska with 120 cubic feet per second during the irrigation season from April 1 to October 15, but this summer, only about 75 cubic feet per second has been delivered. “This may be the most consequential lawsuit that this office will be a part of in my generation,” he said, underscoring the critical nature of the South Platte River for Nebraska’s agricultural and water needs.
This lawsuit also targets Colorado’s obstruction of Nebraska’s plans for the Perkins County Canal, a project aimed at diverting water into Nebraska. The legal action comes after negotiations between the states reached an impasse, with both sides failing to find common ground.
Colorado Attorney General Phil Weiser called the lawsuit “unfortunate,” urging Nebraska to seek reasonable solutions instead of litigation. “Nebraska’s actions will force Colorado water users to build additional new projects,” he warned, predicting that the legal battle could cost over a billion dollars in the long run.
Nebraska’s need for water is pressing, particularly as climate experts forecast that the southwestern region will become hotter and drier in the coming decades. The capital, Lincoln, is expected to source 12% of its water from the proposed canal.
The lawsuit has been filed directly with the U.S. Supreme Court, which handles interstate disputes. Hilgers indicated that the process could take 3 to 5 years before a resolution is reached, but work on the canal’s permitting and design will continue in the meantime.
As climate change exacerbates water shortages, experts warn that such disputes may become more common. Dr. Carly Phillips, a research scientist at the Union of Concerned Scientists, stated that warming temperatures are impacting the hydrological cycle, resulting in decreased snowpack and altered stream flow availability.
The situation remains dynamic as both states brace for the legal and environmental implications of this significant lawsuit. Stay tuned for updates on this developing story.
