• Nebraska offers $1.4 million for Colorado land.
• Colorado vows to defend its rights under the South Platte Compact.
• Landowners have 90 days to respond or face possible eminent domain.
• Attorney General Phil Weiser warns of court action if condemnation proceeds.

February 12, 2025 — Officials in Nebraska and Colorado are locked in a disagreement over the Perkins County Canal Project, which proposes diverting water from Colorado’s South Platte River to Nebraska during the non-irrigation season. While Nebraska believes the project is necessary to secure water, Colorado argues that the plan may not bring much benefit to Nebraska and could infringe on property rights in Colorado.

Nebraska’s Position.

On January 17, 2025, Nebraska’s Department of Natural Resources sent letters to six Colorado landowners offering a total of $1.4 million for approximately 650 acres along the South Platte River. The letters informed recipients they have 90 days to accept the offer. If they choose not to sell, Nebraska may move forward with condemnation proceedings under federal court authority.

Colorado’s Response.

Colorado Attorney General Phil Weiser wrote a letter dated January 28, 2025, to commissioners in Sedgwick County, where the canal is proposed. In it, he stated:

“[I]f Nebraska continues down this path, the State of Colorado is prepared to defend its rights under the South Platte River Compact. My commitment to defending these rights includes going to court if necessary—an outcome that is near certain if Nebraska follows through on its threat to use condemnation proceedings to compel the sale of land owned by Coloradans.”

He encouraged landowners to consult attorneys with expertise in condemnation proceedings and noted his office’s intent to monitor the situation. Weiser’s letter also emphasized Colorado’s view that the canal would provide “little to no benefit” to Nebraska.

April 17 Deadline; Eminent Domain.

Nebraska Public Media reported on January 30, 2025, that the conflict could escalate if Nebraska proceeds with eminent domain on Colorado soil. Landowners have until April 17 to respond to the offers. Both states are exploring their legal options, and the matter may ultimately be resolved through litigation if negotiations fail.

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Image:

Original head of Perkins County Canal on June 24, 1918.  Colorado State University Libraries, public domain.

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