Colorado Governor Jared Polis and Attorney General Phil Weiser have urged the U.S. Supreme Court to deny Nebraska’s motion for leave to file a bill of complaint over the South Platte River Compact of 1923 and the proposed Perkins County Canal. Nebraska alleges Colorado’s water uses violate the compact and threaten its canal rights.
In its Brief in Opposition, Colorado argues there is no ripe or justiciable controversy, as the state is fully complying with the compact and not obstructing Nebraska’s canal development. The filing characterizes Nebraska’s claims as speculative and premature, noting any future disputes can be resolved through federal permitting processes or lower courts.
Polis called the case “meritless,” warning it threatens Colorado’s water resources and agriculture. Weiser emphasized the Supreme Court should avoid a “time-intensive and expensive” case without present violations.
The case is Nebraska v. Colorado, case number 220161.