Colorado’s attorney general firmly committed to supporting northeastern Colorado county commissioners in their battle against Nebraska’s attempt to seize land for the Perkins County Canal Project.
In a Jan. 25 letter to Sedgwick County commissioners, Colorado Attorney General Phil Weiser confirmed that Nebraska’s Department of Natural Resources had sent condemnation notices to six landowners. According to Nebraska Public Media (NPM), the department offered $1.4 million for roughly 650 acres. Weiser pledged to defend Colorado’s rights under the South Platte River Compact if Nebraska took legal action to seize the land.
“Not only will this project provide little to no benefit to Nebraska,” Weiser wrote, “but also that if Nebraska continues down this path, the State of Colorado is prepared to defend its rights … including going to court if necessary.”
While Weiser’s office represents Colorado as a whole, he urged affected landowners to seek their own legal counsel for guidance on condemnation proceedings. He also called on county officials to inform him of any further communications from Nebraska.
“The Department of Law/Attorney General’s Office will remain focused on this issue to protect Colorado,” he wrote, adding that his office is working with the Colorado General Assembly and may seek additional resources to strengthen the state’s legal position.
“We are in a new chapter, there has been a shift,” Weiser told The Colorado Sun. “I had hoped it would never come to this, but as it happens, we’re no longer in the hypothetical, ‘What might they do, I hope they don’t do this’ world. We’ve moved into ‘They’re really doing this.’”
In 2022, then-Gov. Pete Ricketts (R) proposed a $500 million plan to construct a canal diverting water from the South Platte River, citing Nebraska’s rights under the 1923 South Platte River Compact. The compact was designed to ensure that water flows from Colorado reached Nebraska. It mandates restrictions on upstream diversions in Colorado when river flows drop below 120 cubic feet per second near Julesburg, CO, from April 1 to Oct. 15. Outside of that timeframe, Colorado retains complete control of the river’s water.
The compact also grants Nebraska the authority to build and operate canals in Colorado, using eminent domain if necessary. The Perkins County Canal, partially constructed in the 1890s before being abandoned, is central to Nebraska’s renewed efforts. Ricketts’ plan was spurred by a report from Colorado officials identifying nearly $10 billion in future water projects in the South Platte Basin, where the population is expected to grow by up to 70% by 2050.
“If we fail to secure our supply from the South Platte River, we could expect to lose 90% of the water that currently comes to us from Colorado,” Ricketts warned.
In response, Colorado Gov. Jared Polis (D) vowed to “protect and aggressively assert Colorado’s rights under all existing water compacts,” arguing that Nebraska’s interpretation of Colorado’s water planning efforts was a “misunderstanding” and that the projects listed were not formally approved.
In April 2022, Ricketts signed Legislative Bill (LB) 1015, the Perkins County Canal Project Act, into law, granting Nebraska’s Department of Natural Resources (DNR) the authority to develop, construct, and manage the project in accordance with the South Platte River Compact. While the bill does not specify funding or the canal’s exact route, it empowers the DNR to acquire land—including through eminent domain—contract for services and seek grants and other financial support for the project.
Although Ricketts initially proposed funding the canal with $400 million from the state’s Cash Reserve Fund and $100 million in federal COVID-19 relief funds, the legislature’s Appropriations Committee approved only $53.5 million from the cash reserve. By spring 2023, the Nebraska Legislature approved an additional $574.5 million in funding to acquire land and move forward with construction.
A January 2023 update from the DNR states the department is actively exploring property options along the proposed route of the Perkins County Canal, engaging with approximately 30 landowners in Colorado. DNR also said the current cost estimates for the canal range between $567 million and $628 million. While the department has general authority to construct the canal, the $53.5 million currently appropriated may only be used for securing land options, not outright purchases. Given the response to the department’s offers, officials argue this funding restriction must be lifted.
According to NPM, in December 2023, Ray Hendrix of Holyoke, CO, sold just under 90 acres of land to the department for just under $90,000.
NPM reported that Nebraska Gov. Jim Pillen (R) signaled in May 2024 that he would abandon the Perkins County Canal project if legal costs became too excessive. Speaking at a town hall meeting, he acknowledged the potential financial burden of litigation, stating, “If it gets tied up and lawyers start taking it all, I would go to the Unicameral and abandon it.” — Charles Wallace, WLJ contributing editor
