Attorney General Phil Weiser statement on SCOTUS advancing Nebraska’s South Platte River lawsuit

June 29, 2026 (DENVER) – Attorney General Phil Weiser issued the following statement in reaction to the U.S. Supreme Court’s decision to take up Nebraska’s South Platte River Compact lawsuit:

“Colorado is complying with the South Platte River Compact and not interfering with Nebraska’s efforts to build the Perkins County Canal. Today’s court decision merely opens the door for Nebraska to bring its claims against Colorado. Nebraska’s burden to prove those claims is incredibly high and we will vigorously defend Colorado’s full entitlements under the compact.”

The compact provides Nebraska a priority to some water, if available, during the irrigation season. Nebraska could secure rights to water in the non-irrigation season if it built the Perkins County Canal, which is allowed under the compact. But for about 100 years, Nebraska hasn’t built the canal because the project poses significant technical and financial risks. Recently, Nebraska officials have begun the process to seek a federal permit for the project, but numerous steps lie ahead during which Nebraska, and others who might be affected by the project, will identify, refine, and resolve potential issues.

The case is Nebraska v. Colorado, Case No. 220161.

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