Nebraska
Opinion: Colorado and Nebraska must negotiate, not litigate, a better path for the South Platte River
With warming temperatures, reduced snowpack and longer droughts across the western U.S., the policies and institutions that we rely upon to manage shared water resources are under strain.
For Colorado’s Front Range, the South Platte River sustains booming cities, vital industries and agricultural production. At the same time, Colorado must ensure that adequate supplies from the South Platte make their way downstream to Nebraska, under a century-old interstate compact that is under stress.
In July, Nebraska filed a U.S. Supreme Court lawsuit against Colorado over the South Platte River compact. Nebraska’s lawsuit is about defining and protecting its rights to a river that is increasingly stressed by drought and development. In a news conference on the lawsuit, Nebraska Gov. Jim Pillen said: “We’re going to fight like heck … and we’re going to do it in the United States Supreme Court.” In discussing the lawsuit with community members in Julesburg in September, Colorado Attorney General Phil Weiser said: “We cannot be afraid to litigate or fight for our rights in Colorado.”
Colorado on Wednesday filed a response brief, claiming that Nebraska’s case is not ripe for a Supreme Court case. (The high court has not yet decided if it will hear the case.)
Such lawsuits are nothing new, but they are notoriously time-consuming and costly. Rather than spending years in court, Nebraska and Colorado should take a cue from history and negotiate a settlement — one that reflects current realities and shared interests.
Conflicts are a perennial feature of interstate river basins, particularly when downstream states feel shortchanged. In the early-mid 1900s, states adopted compacts to address water disputes, but by the 1970s downstream states began to question upstream states’ compliance with their water delivery commitments and filed U.S. Supreme Court lawsuits to clarify and enforce required water deliveries.
Colorado, as an “upstream” state on seven interstate river compacts, is no stranger to Supreme Court lawsuits. Some of these lawsuits — such as on the Arkansas, Rio Grande and Republican rivers — were triggered by tributary groundwater pumping in upstream states that reduced river flows. Since the original compacts did not address groundwater, years of litigation ensued by Kansas and Texas against its upstream neighbors.
The South Platte River conflict raises a different issue, but one that is solvable: how to share winter river flows. Signed in 1923, the South Platte compact guarantees a share of water to Nebraska during irrigation season. In the fall and winter, both states may use river flows and Colorado is not required to deliver a defined amount of water to Nebraska, with one exception.
Nebraska can access a share of winter water under the compact if it completes a canal diverting water in Colorado and carrying it to Nebraska. Nebraska abandoned the canal project before the compact was adopted but recently revived the project. Without the canal, Nebraska fears that winter river flows will be entirely diverted by Colorado through efforts to build more storage reservoirs.
Nebraska is threatening to use eminent domain to acquire land in Colorado near the state line for the canal. This has raised serious concerns by Colorado landowners and farmers in Sedgwick County and would limit Colorado’s ability to use the waters of the South Platte.
The canal, while mentioned in the compact, is not necessary for Nebraska and Colorado to jointly manage and share river flows. While Colorado has urged the Supreme Court not to take up the case, the question is, what comes next?
We propose the states drop their posturing, sit down and negotiate a more collaborative solution to the challenges facing the South Platte basin.
Prior Supreme Court rulings have shown that states can — and should — develop shared management systems to adapt to changing conditions. These systems include deliveries and accounting for groundwater diversions, improved hydrologic modeling, monitoring water diversions and deliveries, and enforcement mechanisms. Such actions have proven effective in resolving conflicts and enhancing shared decision making.
Nebraska and Colorado have decades of experience managing shared rivers. Both states have claims to winter river flows and both want to invest in actively managing those flows for high valued uses and environmental protection.
Rather than fighting over a canal, they should invest in shared infrastructure — such as surface and groundwater storage — backed by joint monitoring, conflict resolution and enforcement procedures that neither state can unilaterally override.
How Nebraska and Colorado resolve their differences can set the stage for the next conflict in other river basins. As climate change intensifies and water becomes scarcer, regional cooperation will be essential.
Litigation may clarify legal rights, but it rarely builds trust or long-term solutions.
Nebraska and Colorado have an opportunity to demonstrate real leadership and show that collaboration is possible and preferable. The South Platte River and the people and ecosystems who depend on it deserve better than another courtroom battle. They deserve a future shaped by shared vision, not division.
Tanya Heikkila, of Denver, is a professor in the School of Public Affairs at the University of Colorado Denver, where she does research on conflict and collaboration in environmental governance.
Edella Schlager, of Tucson, Arizona, is a professor in the School of Government and Public Policy at the University of Arizona and an expert in collaborative watershed management who was born and raised in Scottsbluff, Nebraska.
The Colorado Sun is a nonpartisan news organization, and the opinions of columnists and editorial writers do not reflect the opinions of the newsroom. Read our ethics policy for more on The Sun’s opinion policy. Learn how to submit a column. Reach the opinion editor at opinion@coloradosun.com.
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Nebraska
Nebraska DHHS reviewing federal rule on Medicaid work requirements, declines call to ‘press pause’
LINCOLN, Neb. (Nebraska Examiner) -Nebraska became the first state to implement new federally mandated work requirements for Medicaid recipients in May, and the federal government this week released a first look at what all states would need to follow by Jan. 1.
The U.S. Centers for Medicare and Medicaid Services released its interim final rule on the work requirements Monday for public review. Local nonprofit Nebraska Appleseed blasted the proposal as more onerous than Nebraska’s requirements, implemented eight months early, and which the advocacy organization argues could lead to more hurdles down the line.
Broadly, the federal requirements mandate that certain adults receiving Medicaid who are between the ages of 19 and 64 will need to work, volunteer or attend school for at least 80 hours per month, earn at least $580 a month or qualify for an exemption.
Among those who are exempt are people who are pregnant, have a disability, are a parent or caretaker of a young child, or veterans with a total disability rating.
Collin Spilinek, a spokesperson for the Nebraska Department of Health and Human Services, said the agency is reviewing the new guidance “to determine what changes, if any, will be necessary to make.”
The state agency has said roughly 25,000 of the 72,000 adult Nebraskans enrolled through Medicaid expansion will eventually be subject to the updated work requirements to keep or get Medicaid coverage at their renewal period.
The federal proposal includes a new hurdle on top of Nebraska’s requirements, Appleseed argues, that “directly targets” people with disabilities, mental conditions or medical needs, such as cancer or HIV, by requiring Medicaid recipients who have serious medical needs or disabilities to “prove” a condition makes them unable to work to qualify for an exemption.
“This federal rule adds major and punitive new restrictions that will directly hurt Nebraskans, especially those with serious medical needs and disabilities,” said Sarah Maresh, Appleseed’s health care access program director, in a statement.
Maresh said Nebraskans were already “confused, scared and at risk of unnecessarily and inappropriately losing” health care because Gov. Jim Pillen decided to act early.
Collin Spilinek, a spokesperson for Nebraska’s DHHS, said the agency has been able to “successfully manage” the new workload of implementing the requirements with “no issues.”
“Staff members have the foundational expertise to absorb the new requirements without expanding headcount and have received targeted training specific to the work requirements, including new policy content, system workflows and verification standards,” Spilinek said this week.
Maresh and Appleseed urged DHHS to “press pause” and join the rest of the nation in implementing requirements by January 2027. Spilinek said there are “no plans” to do so.
“People’s lives are on the line,” Maresh said.
In April, days before Nebraska moved ahead with the work requirements, Drew Gonshorowski, director of the state’s Division of Medicaid and Long-Term Care, told KETV the changes are meant to promote workforce and curb Medicaid misuse.
“Our commitment here is to ensure that our members receive coverage long term,” Gonshorowsk told KETV at the time. “And we will work with our providers to ensure sustainability of our systems.”
Nebraska Examiner is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor for questions: info@nebraskaexaminer.com.
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