Colorado pushes back against Nebraska’s claims on South Platte, Perkins

Colorado officials Wednesday pushed back against Nebraska’s claim that Colorado is depriving Nebraska of water from the South Platte River and interfering with its efforts to build a canal for future water supplies.

In July, Nebraska asked the U.S. Supreme Court to take up a case against Colorado involving the South Platte River and the proposed Perkins County Canal. Wednesday, Colorado Gov. Jared Polis and Attorney General Phil Weiser opposed that request.

“At this point, the Supreme Court should not take this case. We believe they won’t take this case, and that we will continue to defend the rights of Coloradans and to protect northeast Colorado landowners,” Weiser said.

In its legal brief, Colorado said Nebraska has barely begun applying for necessary permits from the Army Corps of Engineers, which will consider many technical questions Nebraska has raised. The brief also says while Colorado has to shut off junior irrigators if flows drop below a certain level, Nebraska is not entitled to a definite amount of water if it’s a dry year. Weiser predicted that even if the court takes up Nebraska’s case, a decision will be years away.