Will Century-Old Compact Alleviate Nebraska’s Water Problems?

By Gordon Hopkins Concerns about continued access to water led former Nebraska Governor Pete Rickets to propose constructing a $567 million canal in Colorado to ensure the continued flow of water to Nebraska. However, in a five-page response from Colorado state engineer Kevin Rein, he suggests the canal may not be the solution the state is hoping for. Rein acknowledges the 1923 compact gives Nebraska the right to build the canal at the South Platte River, west of Julesburg. However, he indicates the plan makes some assumptions that may not be correct. In an interview with The Colorado Sun, Rein said a major assumption is that the water would be “physically available, or whether it’s legally available at the time when it’s physically available.”He also said the plan “does not adequately consider future development” by Colorado.A year ago, on April 18, 2022, Governor Ricketts hosted bill signings for LB (Legislative Bill) 1015, which authorizes construction of the canal and reservoir system that Ricketts said is needed to protect South Platte River water flowing into Nebraska from Colorado.“LB 1015 helps protect the South Platte River water we depend on for drinking water, agricultural irrigation, and to nourish our natural environment,” said Ricketts at the time of signing. “This will create recreational opportunities for Nebraska’s families and grow tourism in our state. Thanks to Senators for protecting and developing our water resources this session.”DroughtNebraska is just one state that depends on water from Colorado. The ongoing drought that has dried up much of Nebraska's water supplies is also impacting those states.According to the White House, “The Colorado River Basin provides water for more than 40 million Americans, fuels hydropower resources in eight states, supports agriculture and agricultural communities across the West, and is a crucial resource for 30 Tribal Nations. Despite recent heavy rain and snow, the historic 23-year drought has led to record low water levels at Lake Powell and Lake Mead.”A recent statement from the White House said, “In the coming weeks, Environmental Protection Agency (EPA) leadership will convene the environmental and infrastructure Secretaries from all seven Colorado River Basin states to discuss strategies to maximize long-term water savings. EPA will also leverage its network of regional Environmental Finance Centers, the Creating Resilient Water Utilities initiative, and other technical assistance efforts to expand targeted outreach and enhance federal-state collaboration.”It should be noted that the Colorado River Basin states are Colorado, Arizona, California, New Mexico, Nevada, Utah, and Wyoming. Nebraska has its own compact with Colorado and is not included as one of the seven. It is unknown at this time if Nebraska will be part of these discussions.South Platte River CompactGovernor Ricketts first announced plans to build a canal in Colorado at a press conference on January 10, 2022. The Governor stated at that time that Nebraska intends to take this action to protect its entitlements of South Platte River water by constructing a major canal in parts of Colorado and southwest Nebraska. The project, authorized under the South Platte River Compact, will support multiple uses including irrigation, power production, and municipal water supplies.“In 1923, they were building a canal from Julesburg, Colorado, (colloquially known as the ‘Perkins County Canal’ at the time the Compact was signed) into Nebraska, off the South Platte River, and they went broke,” Nebraska State Senator Tom Brandt (District 32) explained to FJN. “So, flash forward almost 100 years and what’s happened is Colorado is desperately short of water. They’ve created hundreds of new water projects.”“And basically, the governor’s pushing back. And the unique thing about that compact is, if what he said is true, and you’ll have to confirm this, Nebraska has the right of eminent domain in the state of Colorado to build that canal. We have to build 24 miles of canal to get that water to Nebraska. And then we would build a reservoir in southwest Nebraska to store the water to be used for irrigation purposes and recreation.”The South Platte River Compact, first established in 1923, is an interstate compact between Colorado and Nebraska and also has congressional consent. This compact established a commission that would address appropriation of the South Platte River, which enters into territory of both Nebraska and Colorado.The compact divides the waters of the South Platte River, ensuring certain flows will be delivered to Nebraska at the state line near Julesburg, Colorado. Construction of the canal and storage system along the Nebraska-Colorado border will preserve Nebraska’s sovereign right to its share of the South Platte River water into the future.Ricketts noted the emerging need to protect Nebraska’s South Platte River water supplies, which he indicates are being threatened by planned developments in Colorado. Funding for the project is included in the Governor’s proposed budget. Ricketts wrote in a column in 2022, “Colorado is currently planning nearly 300 projects and over $10 billion of expenditures to ensure no 'excess' water leaves its state. This threatens to choke off the flow of water into Nebraska.”Colorado Governor Jared Polis disputed Governor Ricketts’ version of his state’s actions. In a statement issued shortly after the announcement of the plan to build the canal, Polis said, “Colorado has been in full compliance with the South Platte Compact for the 99 years the agreement has been in place, and water has not and is not being withheld from Nebraska. Recent comments from Governor Ricketts seem to reflect a misunderstanding of Colorado’s locally driven water planning process. Our collaborative basin roundtables are a way that grassroots ideas and recommendations for solutions to Colorado’s future water needs are brainstormed. These ideas should not be taken as formally approved projects that will be implemented and all are subject to major conversations including with Nebraska.”However, Polis also warned, “We will continue to protect and aggressively assert Colorado’s rights under all existing water compacts.”FJN reached out to current Nebraska Governor Jim Pillen and asked if he was as committed to the project as his predecessor. As of press time, no response has been received.

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