Nebraska Gov. Pete Ricketts wants to create a long-term strategy for water rights in his state, and that plan has raised a few eyebrows in neighboring Colorado.
Ricketts previously announced a $500 million plan to divert water out of Colorado under the South Platte River Compact between the states that allow Nebraska to seize access to Colorado land along the South Platte River and build canals.
He said that Colorado’s ongoing development plans and population growth will cut into the amount of water it must allow to flow into Nebraska.
He said Nebraska would invoke its rights under the compact amid concerns that Colorado’s plans for the river could reduce water flows into his state by as much as 90 percent, taking a potential toll on Nebraska’s agricultural and power businesses as well as water supply to Lincoln and Omaha.
The solution, Ricketts said, is to seize land in northeast Colorado to build a canal.
“This would dramatically impact Nebraskans,” Ricketts wrote in a January column on his governor’s webpage. “Colorado’s plans to siphon off water from the South Platte River would decrease agricultural water supplies and raise pumping costs for our residents. It would jeopardize municipal water supplies for Lincoln, Omaha, and other Platte River communities.”
He continues, “The loss of water would threaten the cooling water supplies for Gerald Gentlemen Station, Nebraska’s largest electric generation facility. The decreased flow would also undercut our capacity to generate hydroelectric power in Nebraska. The good news is that the South Platte River Compact entitles Nebraska to construct a canal to ensure access to our fair share of the South Platte River’s water. The agreement specifically provides Nebraska authority over water and land in Colorado for the project.”
South Platte River Compact History
The South Platte River flows northeast from Colorado’s fast-growing Front Range and into Nebraska, where it merges with the North Platte River to form the Platte River before crossing the rest of the state.
According to the Nebraska Department of Natural Resources, the compact, approved in 1923, is a water-sharing agreement between the states that entitles Nebraska to 120 cubic feet per second (897.6 gallons) from the river during the irrigation season between April 1 and Oct. 15, and 500 cubic feet per second (3,740 gallons) during the non-irrigation season.
Under the compact, Nebraska says it can build, maintain and operate canals within Colorado’s borders that divert water from the South Platte River for use by Nebraska. It also gives Nebraska the power to buy land from Colorado landowners or gain access by invoking eminent domain.
“This is not about getting more water for the state of Nebraska,” Ricketts said. “This is merely about making sure we can actually have legal title/legal claim to the water that we are already getting.”
In the 2022 legislative session, the Nebraska Legislature approved the Nebraska Department of Natural Resources to develop, construct, manage, and operate the Perkins County Canal Project (project as named in South Platte Compact).
The canal would feed into a reservoir that would store water for Nebraska’s use.
“Constructing the canal is the primary means for Nebraska to exercise our legal rights to water flows from the South Platte River,” Ricketts said. “If we fail to act now, Nebraska could see sharply reduced inflows from the South Platte River. By taking initiative to build the canal, we’re protecting Nebraska’s water rights for our kids, grandkids, and generations beyond. Given the State’s strong financial position, budget resources are available to undertake this historic project without incurring a penny of debt.”
Colorado Governor Responds to Nebraska Plan on Water Rights
Colorado Gov. Jared Polis said in a statement that he will work with Nebraska but will defend Colorado’s water rights.
“We will continue to protect and aggressively assert Colorado’s rights under all existing water compacts,” 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.”
Colorado Water Plan
In January, the Colorado Water Conservation Board and the South Platte / Denver Metro Roundtable jointly released an updated Basin Implementation Plan that identified 282 potential projects that could be used to address Colorado water challenges –- including everything from storage to river conservation projects for a healthier environment at a cost of $9.87 billion.
“It is important to note here that first, not all of these projects are diverting water away from the river for storage; and second, only 39 of the projects identified are in the ‘“tier 1’” category, in other words, projects that are ‘“ready-to-go” if and when funded,” said Sara Leonard, Marketing & Communications Director with the Colorado Water Conservation Board. “So, this plan is just a roadmap of ideas, not a to-do list.”
The Colorado Water Plan is the state’s framework for solutions to its water challenges. It guides future decision-making to address water challenges with a collaborative, balanced, and solutions-oriented approach.
An updated version of the statewide Colorado Water Plan will be released for its 90-day public comment period at the end of June.
According to the report, the Colorado population living within the river basin is expected to grow 42 to 70 percent between 2015 and 2050, creating more demand for water.
“It is important to note also that water use per capita is expected to decrease due to several factors including increased water efficiency and conservation measures, like water reuse and greywater systems, green infrastructure,” Leonard said.
Ricketts held town halls across his state to inform Nebraskans about their water rights with Colorado.
“There has been overwhelming support for moving forward on the canal,” Ricketts wrote in a February column on his webpage. “People understand that the price of inaction is far higher than the funding needed to secure our water rights. Fifty years from now, Nebraskans will look back on this generation. Will they say we had the foresight to secure our water resources? Or will they say this generation failed?”
Leonard said it’s Colorado’s understanding that the Perkins County Canal envisioned in the South Platte River Compact would largely impact water rights in a specific reach of the South Platte River; the lower part of the South Platte below the Morgan County/Washington County line to the state line.
“The projects above this line, many of which the Governor of Nebraska has referenced, and listed in the Basin Implementation Plan, would not impact Nebraska’s proposed Canal,” she said. “Also, Colorado has always complied with its South Platte River Compact obligations to Nebraska.”
Colorado Engineer Weighs in on Nebraska Project
Kevin Rein, State Engineer, Director of Colorado Division of Water Resources, concurred.
“He (Ricketts) believes Colorado is not delivering the water that it is required to by the Compact, and our answer to that was that we had been complying with the Compact, and will continue to comply with the Compact,” Rein said. “I don’t think there has been any evidence to the contrary on that.”
Rein said it is too early to know how Nebraska plans to build and operate its planned canal.
“We don’t have the details of exactly where they plan to construct the canal, and we don’t have the details of how exactly they will operate it in terms of water rights they would expect to be curtailed by Colorado,” he said. “There are too many unknowns right now.”
Rein said he didn’t know if the issue will end in the court system to decide.
“Will it (Nebraska project) end up in the courts, that is a good question,” Rein said. “Colorado doesn’t have an objective to obstruct Nebraska and their plans. We are just here to make sure they operate in compliance of the Compact.”
[…] Colorado also struggles with water issues with its neighbor, Nebraska. […]