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Colorado Asks U.S. Supreme Court to Reject Nebraska's South Platte River Lawsuit

Colorado argues Nebraska's lawsuit is premature and urges continued negotiations on water use under the 1923 compact amid Nebraska's $628 million canal project plans.

  • On this past Wednesday, Nebraska's state leadership sued Colorado at the U.S. Supreme Court, alleging Colorado breached the 1923 South Platte River Compact by diverting up to 1.3 million acre-feet, Colorado argued the case is on a hunch.
  • Nebraska leaders resurrected the Perkins County Canal plans in 2022 after Colorado outlined plans to use and store more South Platte water, and lawmakers allocated $628.
  • Colorado's response brief told the justices Nebraska asked them to weigh in `on a hunch`, saying Nebraska lacks finalized plans and hasn't started eminent domain steps it seeks approval for.
  • The U.S. Supreme Court must decide by July whether to accept the case, and if it does, would appoint a special master to oversee discovery; Colorado urged the Court to decline review and return the dispute to state talks.
  • Technical compact clauses — a 500 cfs winter right tied to finishing the Perkins County Canal and a 120 cfs curtailment trigger — shape long-term stakes, as the South Platte supplies water to more than 85% of Colorado's population.
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Colorado says Nebraska can’t make it supply more South Platte water

Colorado told the U.S. Supreme Court Wednesday that the South Platte River Compact offers no room to make it curtail Front Range surface water or groundwater usage for Nebraska's use.

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Colorado Sun broke the news in Colorado, United States on Wednesday, October 15, 2025.
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