Latest news with #MikeHilgers
The Hill
2 days ago
- Politics
- The Hill
Nebraska sues Colorado over river water rights, proposed canal construction
Nebraska officials on Wednesday announced a lawsuit against Colorado, alleging that the Centennial State is allowing 'unlawful water diversions' from a transboundary resource. Nebraska Gov. Jim Pillen (R) and Attorney General Mike Hilgers accuse Colorado of threatening Nebraska's water supply along the South Platte River in multiple ways. The lawsuit alleges that Colorado has 'deprived' Nebraskans of their water rights during irrigation season, while also 'obstructing' plans to construct a long-disputed conduit called the Perkins County Canal. 'Nebraska must push forward to secure our water for future generations,' Pillen said in a statement, noting that his state had 'made every reasonable effort to resolve our differences with Colorado.' The complaint in large part revolves around the enforcement of the South Platte River Compact, a deal signed by the states in 1923. The agreement limits Colorado's usage of the river and defines how much water Nebraska can receive during the summer irrigation season and the winter non-irrigation season. The headwaters of the South Platte River are located southwest of Denver near South Park, from which it generally heads northeast — through central Denver and the metropolitan region, to Fort Lipton and across the Colorado Eastern Plains, before heading into Nebraska. Because the U.S. Supreme Court has original jurisdiction regarding disputes between the two states, the Nebraska officials argued that the court's input is required to resolve a now irreconcilable dispute. 'Today's action will ensure that Nebraska receives all the water to which it is entitled to under the Compact and that Nebraska's agriculture and economy are protected,' Hilgers said in a statement. 'Water is the essential lifeblood of Nebraska's economy, and it's my goal to protect one of the state's most important assets,' the attorney general added. The lawsuit maintains that the 1923 compact requires Colorado to disconnect certain water users whenever Nebraska is not receiving 120 cubic feet per second of flow during the irrigation season. Currently, the complaint argues, Colorado enables users with 'junior' water rights statuses to take Nebraska's share of summertime water — violating the agreement and Nebraska's 'senior' rights status. The rights in question stem from a historic U.S. West system that adheres to a 'first in time, first in right' approach to water access. This method, rooted in the mid-19th century homesteading and gold rush era, enabled farmers and miners to secure and divert water according to their arrival, rather than their geographical position along the river. The 1923 compact, per the lawsuit, also permits Nebraska to divert 500 cubic feet per second of water flow in the winter, as well as additional water when the Perkins County Canal is constructed. As it stands today, Colorado pumps water in the winter and gradually releases it into the river to compensate for summer overuse, the complaint explains. While this occurs under the theory that the water reaches Nebraska by the following irrigation season, the lawsuit criticizes this method for taking water from the state when farmers are in greatest need. To guarantee that Nebraska can fulfill its rights in the winter and regulate water flow, the state has set out to build the Perkins County Canal, the document explains. The Nebraska state legislature in 2023 approved $574.5 million in funding for the canal's constructions despite pushback from lawmakers who had sought to reduce the cost. While recognizing that Colorado has acknowledged its neighbor's entitlement to build the canal, the Nebraska officials expressed frustrations that negotiations over the project's fine print have persisted for years and ultimately reached a stalemate. 'Despite Nebraska's good faith efforts, Colorado won't agree on such basic things as the location or the size of the Canal, or how much water can flow through it,' a fact sheet issued by the attorney general argued. In response to the lawsuit, Colorado Gov. Jared Polis's (D) office issued a press release that described the complaint as 'meritless.' 'I am disappointed that the states of Colorado and Nebraska will need to waste time and money in court over this meritless challenge,' Polis said. The governor stressed that Colorado has always complied with the South Platte Compact and has met 'in good faith' with Nebraska officials, despite 'attempts to intimidate Colorado landowners.' 'This escalation by Nebraska is needless, and Colorado will take all steps necessary to aggressively defend Colorado water users, landowners, and our rural economy,' Polis added. Colorado Attorney General Phil Weiser echoed these sentiments in his own statement, slamming neighboring leaders for prioritizing politics over agricultural and likely setting in motion 'decades of litigation.' Describing the Perkins County Canal project as 'wasteful,' he said that the canal's operation would require Colorado to build new water infrastructure to offset the impacts of Nebraska's initiative. 'When the dust finally settles, likely over a billion dollars will have been spent—tens of millions of that on litigation alone — and no one in Nebraska or Colorado will be better off,' Weiser added.
Al Arabiya
3 days ago
- Politics
- Al Arabiya
Nebraska sues neighboring colorado over how much water it's drawing from the south platte river
OMAHA, Neb. – Nebraska is suing Colorado over the amount of water it draws from the South Platte River, the latest in a long history of water rights disputes between the states that have been left increasingly dry by climate change. Nebraska Gov. Jim Pillen and state Attorney General Mike Hilgers held a news conference Wednesday to announce the lawsuit, which was filed with the US Supreme Court. 'It's crystal clear. Colorado has been holding water back from Nebraska for almost 100 years and getting more and more egregious every single day,' Pillen said, pointing to Colorado's rapidly expanding population over the past decade. 'So today it's really, really simple: We're here to put our gloves on,' Pillen said. 'We're going to fight like heck. We're going to get every drop of water.' Colorado Attorney General Phil Weiser called the lawsuit 'unfortunate' in a written statement and said Nebraska officials failed to look for reasonable solutions. The lawsuit accuses Colorado of depriving Nebraska of as much as 1.3 million acre-feet (about 160,350 hectare-meters) of water from the river over several years that Nebraska is entitled to under a 1923 compact between the states. The suit also accuses Colorado officials of blocking Nebraska's effort to construct a massive canal – often called the Perkins County Canal – and reservoir project that would see Nebraska seize land in Colorado to divert water into Nebraska, which is also allowed under the compact. Nebraska needs the water not only for agriculture production in its southwestern region – which climate experts predict will grow hotter and drier in the coming decades – but also to feed water supplies in the eastern part of the state, officials said. Nebraska's capital, Lincoln, is expected to get 12 percent of its water from the proposed canal, Pillen said. The compact entitles Nebraska to 120 cubic feet (3.4 cubic meters) per second from the river during the irrigation season between April 1 and Oct. 15 each year and 500 cubic feet (about 14 cubic meters) per second during the non-irrigation fall and winter months. Hilgers said Colorado has been shortchanging Nebraska during the irrigation season, allowing only about 75 cubic feet (about 2 cubic meters) per second of water daily into Nebraska this summer. 'I think this may be the most consequential lawsuit that this office will be a part of in my generation,' Hilgers said. 'It is almost impossible to overstate the importance of the South Platte River to the future of the state of Nebraska.' Colorado Gov. Jared Polis issued a statement calling the lawsuit 'meritless' and denied that Colorado had violated the compact. The South Platte, which flows through northeastern Colorado into southwestern Nebraska, has been at the center of a tempest brewing between the two states going back to 2022, when Nebraska announced it would build the canal. Since then, officials from the two states have been haggling over how to carry out both the terms of the compact and land acquisition to build the canal. Hilgers said the two states are at an impasse. Weiser countered that Nebraska officials should have remained at the negotiating table. 'Nebraska's actions will force Colorado water users to build additional new projects to lessen the impact of the proposed Perkins County Canal,' he said. 'When the dust finally settles, likely over a billion dollars will have been spent – tens of millions of that on litigation alone – and no one in Nebraska or Colorado will be better off.' The lawsuit was filed directly with the Supreme Court because it handles disputes between states, Hilgers said. 'The process isn't fast,' he warned. 'We'll probably have a special master appointed within the next 12 months, and under normal litigation timelines, that's maybe 3 to 5 years before we get a result,' he said. That does not mean work on the canal will stop, he said, as he expects work on permitting and design of the canal to continue. Nebraska has been at the center of interstate water disputes for decades. In 2002, Nebraska, Colorado, and Kansas reached a settlement over Republican River water allocation after years of legal wrangling. But disputes continued, and new agreements were reached among the states again in 2014. Water disputes could become more common as climate change worsens shortages, said Dr. Carly Phillips, a research scientist at the Union of Concerned Scientists – a nonprofit that advocates for climate change solutions. 'Warmer temperatures affect multiple parts of the hydrological cycle,' Phillips said. 'It is decreasing the snowpack, which is the main way water is stored in the western US. Higher temperatures also mean the snow melts earlier each year, changing the availability of stream flow. And states like Nebraska might see increased irrigation demand when it's hotter. These patterns are all in the same direction across the board,' Phillips said. 'The trends are really consistent when it comes to snowpack, stream flow, evaporation, and irrigation demand.'
The Independent
3 days ago
- Politics
- The Independent
Nebraska sues neighboring Colorado over how much water it's drawing from the South Platte River
Nebraska is suing Colorado over the amount of water it draws from the South Platte River, the latest in a long history of water rights disputes between the states that have been left increasingly dry by climate change. Nebraska Gov. Jim Pillen and state Attorney General Mike Hilgers held a news conference Wednesday to announce the lawsuit, which was filed with the U.S. Supreme Court. 'It's crystal clear. Colorado has been holding water back from Nebraska for almost 100 years and getting more and more egregious every single day,' Pillen said, pointing to Colorado's rapidly expanding population over the past decade. 'So today it's really, really simple: We're here to put our gloves on," Pillen said. "We're going to fight like heck. We're going to get every drop of water.' Colorado Attorney General Phil Weiser called the lawsuit 'unfortunate' in a written statement and said Nebraska officials failed 'to look for reasonable solutions.' The lawsuit accuses Colorado of depriving Nebraska of as much as 1.3 million acre-feet (about 160,350 hectare-meters) of water from the river over several years that Nebraska is entitled to under a 1923 compact between the states. The suit also accuses Colorado officials of blocking Nebraska's effort to construct a massive canal — often called the Perkins County Canal — and reservoir project that would see Nebraska seize land in Colorado to divert water into Nebraska, which is also allowed under the compact. Nebraska needs the water not only for agriculture production in its southwestern region — which climate experts predict will grow hotter and drier in the coming decades — but also to feed water supplies in the eastern part of the state, officials said. Nebraska's capital, Lincoln, is expected to get 12% of its water from the proposed canal, Pillen said. The compact entitles Nebraska to 120 cubic feet (3.4 cubic meters) per second from the river during the irrigation season between April 1 and Oct. 15 each year, and 500 cubic feet (about 14 cubic meters) per second during the non-irrigation fall and winter months. Hilgers said Colorado has been shortchanging Nebraska during the irrigation season, allowing only about 75 cubic feet (about 2 cubic meters) per second of water daily into Nebraska this summer. 'I think this may be the most consequential lawsuit that this office will be a part of in my generation,' Hilgers said. 'It is almost impossible to overstate the importance of the South Platte River to the future of the state of Nebraska.' The South Platte, which flows through northeastern Colorado into southwestern Nebraska, has been at the center of a tempest brewing between the two states going back to 2022, when Nebraska announced it would build the canal. Since then, officials from the two states have been haggling over how to carry out both the terms of the compact and land acquisition to build the canal. 'It became clear, despite the very professional and intentional scope of those negotiations, that we were at an impasse,' Hilgers said. Weiser countered that Nebraska officials should have remained at the negotiating table. 'Nebraska's actions will force Colorado water users to build additional new projects to lessen the impact of the proposed Perkins County Canal,' he said. 'When the dust finally settles, likely over a billion dollars will have been spent — tens of millions of that on litigation alone — and no one in Nebraska or Colorado will be better off.' Hilgers said the lawsuit was filed directly with the Supreme Court because it handles disputes between states. The process 'isn't fast,' Hilgers warned. 'We'll probably have a special master appointed within the next 12 months, and under normal litigation timelines, that's maybe 3 to 5 years before we get a result,' he said. That does not mean work on the canal will stop, he said, as he expects work on permitting and design of the canal to continue. Nebraska has been at the center of interstate water disputes for decades. In 2002, Nebraska, Colorado and Kansas reached a settlement over Republican River water allocation after years of legal wrangling. But disputes continued, and new agreements were reached among the states again in 2014. Water disputes could become more common as climate change worsens shortages, said Dr. Carly Phillips, a research scientist at the Union of Concerned Scientists — a nonprofit that advocates for climate change solutions. Warmer temperatures affect multiple parts of the hydrological cycle, Phillips said. It is decreasing the snowpack, which is the main way water is stored in the western U.S. Higher temperatures also mean the snow melts earlier each year, changing the availability of stream flow. And states like Nebraska might see increased irrigation demand when it's hotter. 'These patterns are all in the same direction across the board,' Phillips said. 'The trends are really consistent when it comes to snowpack, stream flow, evaporation and irrigation demand.' ____
Washington Post
3 days ago
- Politics
- Washington Post
Nebraska sues neighboring Colorado over how much water it's drawing from the South Platte River
OMAHA, Neb. — Nebraska is suing Colorado over the amount of water it draws from the South Platte River, the latest in a long history of water rights disputes between the states that have been left increasingly dry by climate change. Nebraska Gov. Jim Pillen and state Attorney General Mike Hilgers held a news conference Wednesday to announce the lawsuit, which was filed with the U.S. Supreme Court. 'It's crystal clear. Colorado has been holding water back from Nebraska for almost 100 years and getting more and more egregious every single day,' Pillen said, pointing to Colorado's rapidly expanding population over the past decade. 'So today it's really, really simple: We're here to put our gloves on,' Pillen said. 'We're going to fight like heck. We're going to get every drop of water.' Colorado Attorney General Phil Weiser called the lawsuit 'unfortunate' in a written statement and said Nebraska officials failed 'to look for reasonable solutions.' The lawsuit accuses Colorado of depriving Nebraska of as much as 1.3 million acre-feet (about 160,350 hectare-meters) of water from the river over several years that Nebraska is entitled to under a 1923 compact between the states. The suit also accuses Colorado officials of blocking Nebraska's effort to construct a massive canal — often called the Perkins County Canal — and reservoir project that would see Nebraska seize land in Colorado to divert water into Nebraska, which is also allowed under the compact. Nebraska needs the water not only for agriculture production in its southwestern region — which climate experts predict will grow hotter and drier in the coming decades — but also to feed water supplies in the eastern part of the state, officials said. Nebraska's capital, Lincoln, is expected to get 12% of its water from the proposed canal, Pillen said. The compact entitles Nebraska to 120 cubic feet (3.4 cubic meters) per second from the river during the irrigation season between April 1 and Oct. 15 each year, and 500 cubic feet (about 14 cubic meters) per second during the non-irrigation fall and winter months. Hilgers said Colorado has been shortchanging Nebraska during the irrigation season, allowing only about 75 cubic feet (about 2 cubic meters) per second of water daily into Nebraska this summer. 'I think this may be the most consequential lawsuit that this office will be a part of in my generation,' Hilgers said. 'It is almost impossible to overstate the importance of the South Platte River to the future of the state of Nebraska.' The South Platte, which flows through northeastern Colorado into southwestern Nebraska, has been at the center of a tempest brewing between the two states going back to 2022, when Nebraska announced it would build the canal. Since then, officials from the two states have been haggling over how to carry out both the terms of the compact and land acquisition to build the canal. 'It became clear, despite the very professional and intentional scope of those negotiations, that we were at an impasse,' Hilgers said. Weiser countered that Nebraska officials should have remained at the negotiating table. 'Nebraska's actions will force Colorado water users to build additional new projects to lessen the impact of the proposed Perkins County Canal,' he said. 'When the dust finally settles, likely over a billion dollars will have been spent — tens of millions of that on litigation alone — and no one in Nebraska or Colorado will be better off.' Hilgers said the lawsuit was filed directly with the Supreme Court because it handles disputes between states. The process 'isn't fast,' Hilgers warned. 'We'll probably have a special master appointed within the next 12 months, and under normal litigation timelines, that's maybe 3 to 5 years before we get a result,' he said. That does not mean work on the canal will stop, he said, as he expects work on permitting and design of the canal to continue. Nebraska has been at the center of interstate water disputes for decades. In 2002, Nebraska, Colorado and Kansas reached a settlement over Republican River water allocation after years of legal wrangling. But disputes continued, and new agreements were reached among the states again in 2014. Water disputes could become more common as climate change worsens shortages, said Dr. Carly Phillips, a research scientist at the Union of Concerned Scientists — a nonprofit that advocates for climate change solutions. Warmer temperatures affect multiple parts of the hydrological cycle, Phillips said. It is decreasing the snowpack, which is the main way water is stored in the western U.S. Higher temperatures also mean the snow melts earlier each year, changing the availability of stream flow. And states like Nebraska might see increased irrigation demand when it's hotter. 'These patterns are all in the same direction across the board,' Phillips said. 'The trends are really consistent when it comes to snowpack, stream flow, evaporation and irrigation demand.' ____ Associated Press reporter Sarah Raza contributed from Sioux Falls, South Dakota.
Associated Press
3 days ago
- Politics
- Associated Press
Nebraska sues neighboring Colorado over how much water it's drawing from the South Platte River
OMAHA, Neb. (AP) — Nebraska is suing Colorado over the amount of water it draws from the South Platte River, the latest in a long history of water rights disputes between the states that have been left increasingly dry by climate change. Nebraska Gov. Jim Pillen and state Attorney General Mike Hilgers held a news conference Wednesday to announce the lawsuit, which was filed with the U.S. Supreme Court. 'It's crystal clear. Colorado has been holding water back from Nebraska for almost 100 years and getting more and more egregious every single day,' Pillen said, pointing to Colorado's rapidly expanding population over the past decade. 'So today it's really, really simple: We're here to put our gloves on,' Pillen said. 'We're going to fight like heck. We're going to get every drop of water.' Colorado Attorney General Phil Weiser called the lawsuit 'unfortunate' in a written statement and said Nebraska officials failed 'to look for reasonable solutions.' The lawsuit accuses Colorado of depriving Nebraska of as much as 1.3 million acre-feet (about 160,350 hectare-meters) of water from the river over several years that Nebraska is entitled to under a 1923 compact between the states. The suit also accuses Colorado officials of blocking Nebraska's effort to construct a massive canal — often called the Perkins County Canal — and reservoir project that would see Nebraska seize land in Colorado to divert water into Nebraska, which is also allowed under the compact. Nebraska needs the water not only for agriculture production in its southwestern region — which climate experts predict will grow hotter and drier in the coming decades — but also to feed water supplies in the eastern part of the state, officials said. Nebraska's capital, Lincoln, is expected to get 12% of its water from the proposed canal, Pillen said. The compact entitles Nebraska to 120 cubic feet (3.4 cubic meters) per second from the river during the irrigation season between April 1 and Oct. 15 each year, and 500 cubic feet (about 14 cubic meters) per second during the non-irrigation fall and winter months. Hilgers said Colorado has been shortchanging Nebraska during the irrigation season, allowing only about 75 cubic feet (about 2 cubic meters) per second of water daily into Nebraska this summer. 'I think this may be the most consequential lawsuit that this office will be a part of in my generation,' Hilgers said. 'It is almost impossible to overstate the importance of the South Platte River to the future of the state of Nebraska.' The South Platte, which flows through northeastern Colorado into southwestern Nebraska, has been at the center of a tempest brewing between the two states going back to 2022, when Nebraska announced it would build the canal. Since then, officials from the two states have been haggling over how to carry out both the terms of the compact and land acquisition to build the canal. 'It became clear, despite the very professional and intentional scope of those negotiations, that we were at an impasse,' Hilgers said. Weiser countered that Nebraska officials should have remained at the negotiating table. 'Nebraska's actions will force Colorado water users to build additional new projects to lessen the impact of the proposed Perkins County Canal,' he said. 'When the dust finally settles, likely over a billion dollars will have been spent — tens of millions of that on litigation alone — and no one in Nebraska or Colorado will be better off.' Hilgers said the lawsuit was filed directly with the Supreme Court because it handles disputes between states. The process 'isn't fast,' Hilgers warned. 'We'll probably have a special master appointed within the next 12 months, and under normal litigation timelines, that's maybe 3 to 5 years before we get a result,' he said. That does not mean work on the canal will stop, he said, as he expects work on permitting and design of the canal to continue. Nebraska has been at the center of interstate water disputes for decades. In 2002, Nebraska, Colorado and Kansas reached a settlement over Republican River water allocation after years of legal wrangling. But disputes continued, and new agreements were reached among the states again in 2014. Water disputes could become more common as climate change worsens shortages, said Dr. Carly Phillips, a research scientist at the Union of Concerned Scientists — a nonprofit that advocates for climate change solutions. Warmer temperatures affect multiple parts of the hydrological cycle, Phillips said. It is decreasing the snowpack, which is the main way water is stored in the western U.S. Higher temperatures also mean the snow melts earlier each year, changing the availability of stream flow. And states like Nebraska might see increased irrigation demand when it's hotter. 'These patterns are all in the same direction across the board,' Phillips said. 'The trends are really consistent when it comes to snowpack, stream flow, evaporation and irrigation demand.' ____ Associated Press reporter Sarah Raza contributed from Sioux Falls, South Dakota.
