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Perkins County Canal update: Nebraska seeks Supreme Court review; USACE opens public hearings on 404 permit
Summary
Commissioner Meyer reported Nebraska filed an original-action petition in the U.S. Supreme Court against Colorado over the Perkins County Canal; the Solicitor General will file a brief and the Court may appoint a Special Master if it accepts the case. Separately, a 404 permit application is on the USACE docket and public open houses are scheduled March 9–11, 2026, with a local informational open house in Ogallala.
Commissioner Kennon Meyer updated the Commission on the Perkins County Canal matter, saying Nebraska filed an original-action petition in the U.S. Supreme Court against Colorado and has asked the Court to take the case. "Once the Solicitor's Brief is submitted, hopefully by June we will know if the Court will take the case," Meyer said. If the Court accepts jurisdiction, a Special Master would be appointed to manage discovery and a trial schedule that would culminate with a recommendation to the Justices.
Meyer also reported that a 404 permit application to the U.S. Army Corps of Engineers was submitted and is available on the Corps' website. The Corps scheduled public open house hearings March 9–11, 2026 (including locations in Denver, Julesburg and Kearney) and a local informational open house in Ogallala is planned for the following week; a virtual attendance option was also noted. The Commission encouraged public engagement on the permit process and staff flagged the permit schedule as important for project stakeholders.
