Hilgers says Nebraska, Colorado water dispute could take years, but Perkins County Canal should progress

It could take years for the U.S. Supreme Court to resolve Nebraska’s water dispute with Colorado. But Attorney General Mike Hilgers said in the meantime, work on the Perkins County Canal should continue.

Hilgers’ comments on Tuesday came one day after the Supreme Court said it will consider Nebraska’s complaints that Colorado’s not sending enough water across the state line on the South Platte River and is blocking Nebraska’s attempt to build a canal to bring more. Hilgers said it could take three to five years for a special master to make a recommendation and the court to decide. And he said while it’s up to the Legislature, it would make sense to proceed with planning and construction on the canal.

“We need to be able to show the court, which is ultimately true, which is Nebraska is committed to doing this. I do see the policy wisdom, but even more importantly… from our perspective, it’s critical from a litigation perspective to really be able to push forward on this,” Hilgers said.

The Legislature has set aside $630 million for the canal. Separate from the court case, the Army Corps of Engineers must still decide whether to issue a permit for the project.