Colorado counters Nebraska water lawsuit, alleges over-use and seeks dismissal
Colorado submitted a Supreme Court brief accusing Nebraska of taking more South Platte water than allowed and asked the Court to toss Nebraska’s claims.
Colorado’s attorney general filed a detailed brief with the U.S. Supreme Court, asserting that Nebraska has been diverting water from the South Platte River system beyond its compact-granted entitlement. The filing claims Nebraska’s groundwater withdrawals from Lodgepole Creek and the Western Canal area diminish flows that Colorado water users rely on, forcing premature curtailments. Colorado also disputes Nebraska’s criticism of the state’s augmentation plan, saying the compact imposes no specific method for compliance.
The brief requests a partial dismissal of Nebraska’s lawsuit and files a counterclaim for damages caused by Nebraska’s alleged over-use. The case stems from a 1923 compact that permits Nebraska to build a canal into Colorado, a right revealed in 2021. The Supreme Court will now decide whether to hear the arguments directly or appoint a special master.
Why it matters
The outcome will determine water allocation between two states that depend on the same river for agriculture and growth.
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