The Denver Gazette’s Marianne Goodland reports that Nebraska has escalated its fight with Colorado to the U.S. Supreme Court, accusing our state of “stealing” up to 1.3 million acre-feet of irrigation water from the South Platte. Her Oct. 29, 2025 piece details Nebraska’s new filing, Colorado’s response, and the century-old compact that is suddenly back in the spotlight.
Goodland walks through the Perkins County Canal plan under the 1923 South Platte River Compact, a proposed 109-mile ditch that would cut from Ovid in Sedgwick County across the line to Lake Maloney near North Platte. Nebraska says Colorado lets junior users divert out of priority, ignores a 120 CFS flow at the Interstate Station near Julesburg during irrigation season, and uses augmentation plans that violate the deal. Gov. Jared Polis and Attorney General Phil Weiser call the case premature and meritless, insisting Colorado has honored the compact.
The Bullet Point Brief
- Nebraska’s brief tells SCOTUS Colorado has “stolen” up to 1.3 million acre-feet. That is not a love letter between neighbors.
- The 1923 compact allows Nebraska to build the Perkins County Canal. They even eyed eminent domain for Colorado parcels before backing off.
- Nebraska says flows dip below 120 CFS from April 1 to Oct. 15 at the Interstate Station and Colorado lets junior users keep pumping.
- Colorado says we meet obligations and the lawsuit is premature. Translation: come back when the canal is real and the math is final.
- Meanwhile, Eastern Colorado agriculture lives on a knife’s edge. Water is everything and court filings do not irrigate a single acre.
My Bottom Line
Water law is hard. Out here on the plains, it is also simple. No water, no crops, no towns. Nebraska is playing for keeps. Colorado’s leadership needs to act like it.
Governor Polis and Attorney General Weiser never miss a microphone when there is a chance to sue the President. The legislature even gave them a $4 million slush fund to do so. I hope they show the same zeal defending our producers, our ditches, and our compact rights. Less theater. More trench work. If Nebraska wants our water, they should have to prove every drop. Until then, Colorado should fight like livelihoods depend on it. Because they do.
Source: The Denver Gazette
