Colorado officials tell committee Nebraska's canal lawsuit is premature

Attorney General Phil Weiser and State Engineer Jason Allman told the Water Resources and Agriculture Review Committee that Nebraska’s recent U.S. Supreme Court petition over the Perkins County Canal should be declined as premature. They said Nebraska has not completed key project steps and has not demonstrated a concrete injury that would justify the Court’s intervention.

“We urge the court to reject this case,” Weiser told the committee, saying Nebraska has a right under the South Platte compact to build a canal but must take substantial steps — including permitting and land acquisition — before a federal court dispute is ripe. He said Colorado has not interfered with Nebraska’s efforts and that many of the canal’s permanent project requirements remain unstarted.

State Engineer Jason Allman explained that Colorado’s Division of Water Resources administers compact obligations during irrigation season and curtails junior water rights where required. He said Colorado has long worked with Nebraska to resolve compact questions and described the recent Supreme Court filing, on July 16, as a surprise that cut off continuing technical discussions.

Committee members pressed officials about next steps. Weiser said the Supreme Court typically decides by June whether to take an original‑jurisdiction compact dispute and that if the Court appointed a special master, that process could take years and involve discovery, witnesses and extended fact‑finding. If the Court declines jurisdiction, Weiser said the ball would be “in their court” to make clear their goals and concerns and that Colorado would be open to renewed discussions.

Several legislators emphasized the economic stakes for eastern Colorado’s farm districts and sought reassurance that the state will maintain legal capacity after Weiser leaves office. Weiser said his office has expanded its in‑house water‑law team and he is working to ensure a smooth transition for his successor.

No formal action was taken by the committee on the litigation; the briefing was informational and the officials said they would continue to monitor and engage with stakeholders as the case evolves.

The committee moved on to its next agenda item after the hourlong briefing.