Click the link to read the article on The Denver Post website (Elise Schmelzer). Here’s an excerpt:
June 29, 2026
The U.S. Supreme Court will weigh in on a legal battle over one of Colorado’s critical water sources as a neighboring state seeks to use more water from the South Platte River. The nation’s highest court on Monday announced it would hear the case, in which Nebraska officials claim Colorado water administrators are violating a century-old water compact by failing to send enough of the river’s water across the border. They also say Colorado officials are interfering in the neighboring state’s efforts to build a canal that would allow it to take more of the river’s water. Colorado Attorney General Phil Weiser on Monday denied Nebraska officials’ allegations that the Centennial State was violating the 1923 South Platte River Compact.
“Colorado is complying with the South Platte River Compact and not interfering with Nebraska’s efforts to build the Perkins County Canal,” Weiser said in a statement. “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.”
Nebraska officials last year surprised Colorado leaders by taking their allegations to the Supreme Court. The two states had been meeting for months to discuss the proposed canal project. The Supreme Court asked the Office of the Solicitor General to weigh in on whether it should take the case. In May, the federal office — tasked with representing federal interests at the Supreme Court — argued that the court should decide Nebraska’s claim that Colorado is not sending enough water over the state border, but deny consideration of Nebraska’s other issues…Controversy over compact-obligated water deliveries between two states is a “quintessential” Supreme Court question, the brief states. The solicitor general’s office suggested appointing a special master — a subject-matter expert outside of the nine justices — to handle the issue. The solicitor general’s brief argues that the Supreme Court should not hear Nebraska’s arguments that Colorado is obstructing its efforts to build the Perkins County Canal because, the office said, Nebraska has not identified any actions by Colorado officials that have substantially interfered in the project. Other potential canal-related problems identified by Nebraska are hypothetical, the solicitor general said, as the state has just begun the permitting process and, therefore, is not ready for Supreme Court consideration. It’s unclear which issues the Supreme Court will consider as it hears the case. The order Monday allows Nebraska to file its complaint against Colorado.
