# Supreme Court lets Nebraska-Colorado water dispute proceed  
**Published:** 2026-06-29T20:11:46.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/briefs/u-s-supreme-court-lets-nebraska-colorado-south-platte-river-perkins-county-canal-case-proceed/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/supreme-court-lets-nebraska-colorado-water-dispute-proceed

The U.S. Supreme Court on Monday cleared the way for Nebraska to pursue its case against Colorado over [the 1923 South Platte River Compact](https://dnr.colorado.gov/divisions/water-resources/south-platte-river-compact) and a proposed canal project, according to [the Nebraska Examiner](https://nebraskaexaminer.com/briefs/u-s-supreme-court-lets-nebraska-colorado-south-platte-river-perkins-county-canal-case-proceed/).

The high court granted Nebraska its motion and gave Colorado 30 days to file an answer to the complaint filed in July 2025 by Nebraska Attorney General Mike Hilgers. The decision represents a significant hurdle for claims related to the 1923 South Platte River Compact enacted in 1923 and passed by Congress in 1926, which concluded that Nebraska was entitled to at least 120 cubic feet of water per second from the river from April to mid October.

Hilgers stated that Nebraska would finally have the opportunity to prove that Colorado has violated the Compact and hold Colorado accountable for depriving Nebraska of water that rightfully belongs to our state. Meanwhile, Colorado Attorney General Phil Weiser said Colorado is complying with the compact and is not interfering with Nebraska's plans to build the Perkins County Canal, noting that Nebraska's burden to prove those claims is incredibly high.

Nebraska alleges two major violations: Colorado allows unlawful water diversions that have deprived Nebraska of its right to water during the irrigation season, and Colorado is obstructing Nebraska's efforts to construct the Perkins County Canal. The proposed Perkins County Canal project is a plan to build a canal to carry water from the South Platte River near Ovid, Colorado to western Nebraska, where it would be stored in reservoirs.

Then-governor Pete Ricketts signed a bill into law in 2022 authorizing the state of Nebraska to start work on the channel and reservoir. Nebraska lawmakers have repeatedly defended the canal and set aside more than $600 million in funding. Design work on the canal has advanced to roughly 60%, with the project scheduled to come online by the end of 2032.

The Supreme Court will appoint a special master to oversee proceedings and conduct hearings, a process that could take years to resolve. The U.S. Solicitor General's recommendation calls Nebraska's claim that Colorado is not delivering enough water from April 1 to October 15 a classic case the court should have a special master consider, though the court chose to advance both of Nebraska's claims rather than narrow the scope as suggested by federal lawyers.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/briefs/u-s-supreme-court-lets-nebraska-colorado-south-platte-river-perkins-county-canal-case-proceed/)
- [Colorado Department of Natural Resources information on the South Platte River Compact](https://dnr.colorado.gov/divisions/water-resources/south-platte-river-compact)
- [KSNB report on the history of the 1923 South Platte River Compact](https://www.ksnblocal4.com/2025/07/17/nebraska-v-colorado-history-1923-south-platte-river-compact/)
- [Nebraska Public Media overview of the Perkins County Canal project](https://nebraskapublicmedia.org/en/news/what-to-know-about-the-perkins-county-canal/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/briefs/u-s-supreme-court-lets-nebraska-colorado-south-platte-river-perkins-county-canal-case-proceed/.