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Nebraska Attorney General Mike Hilgers was on hand during a meeting Monday in Ogallala to update interested parties on the status of the Perkins County Canal.

Officials call Perkins County Canal critical to Nebraska’s water future at recent meeting

The Perkins County Canal project took center stage at a public meeting in Ogallala on Monday, March 2, where state leaders called it one of the most important water initiatives in a century for securing the state’s future water supply.

The event, held at the Nebraska Association of County Officials (NACO) building, featured updates from Western Nebraska Senators Teresa Ibach and Mike Jacobson; Nebraska Department of Water, Energy, and Environment representatives Jesse Bradley and Matt Manning; Director of Agriculture Sherry Vinton; and Attorney General Mike Hilgers. The group discussed the project’s progress, funding, technical details, and the ongoing legal fight with Colorado over South Platte River water rights.

Why the Canal Matters

Under the 1923 South Platte River Compact, Nebraska has the right to divert up to 500 cubic feet per second (CFS) of water during the non-irrigation season, roughly mid-October to April, but only if the state builds a canal to capture those flows, said officials. Without the canal, Nebraska has not been able to claim this full amount, while Colorado has developed more of its own water uses upstream.

The project would divert water from the South Platte River near Ovid, Colorado, carry it across the border into the Nebraska counties of Deuel and Keith, store it in two large reservoirs, and return it to the river farther east. This would help protect Nebraska’s compact rights, support irrigation for agriculture, provide municipal and industrial water, aid power generation, and benefit downstream users as far as Lincoln and Omaha.

Speakers stressed that recent low flows at the state line, often around 40 CFS in winter, result from Colorado’s upstream developments. The canal would give Nebraska the legal and physical tools to enforce the compact and bring more water across the border.

Strong Legislative and State 

Support

Senators Jacobson and Ibach emphasized protecting the project’s dedicated funding, which is about $628 million approved by the Legislature, mostly from federal relief funds. 

They pledged to block any attempts to redirect the money, calling it essential to show Nebraska is serious about building the canal.

Attendees were also asked to encourage their state legislators against any attempts to use dedicated canal funds, noting it could weaken Nebraska’s court position.

Project Details and Progress

Director of Ag Vinton praised the state’s “dream team” working on the project, which includes Bradley, who is the Director of the Nebraska Department of Water, Energy, and Environment, and Manning, who is the department’s Chief Water Officer.

During their presentation, Bradley and Manning outlined the current status of the canal, which includes the following:

- The canal’s design is about 60 percent complete.

- The canal would run roughly 18 miles into Colorado and 42 miles in Nebraska, partly using existing canals.

- Key features include a diversion structure near Ovid, two reservoirs, and return points to the river.

- Capacity targets of 500 CFS, with room for brief higher flows during big runoffs.

- The canal cross-section would feature a wide bottom, sloped sides, access roads, and a 150–200 foot right-of-way.

The project is ahead of schedule in many areas, they said, with construction planned for later this decade and completion targeted around 2032, they said.

Permitting and Public Input

A full Environmental Impact Statement (EIS) is underway with the U.S. Army Corps of Engineers under the Clean Water Act, they said. A major permit application has been submitted, and public meetings, to include in-person in Denver, northeast Colorado, and Kearney, plus virtual, will help gather input on environmental and community effects. Project maps and details are available online on the state’s website at https://dnr.nebraska.gov/perkins-county-canal.

Land and Stakeholder Efforts

Bradley and Manning said the state prefers voluntary land purchases from willing sellers and is working to minimize impacts, including avoiding irrigated land. One parcel in Colorado has been bought, and outreach continues in both states, they said. Eminent domain is authorized as a last resort. Agreements are in place with Natural Resources Districts, irrigation districts, and public power entities to integrate the project with existing systems like Lake McConaughy.

The Legal Fight with Colorado

Attorney General Hilgers called the case Nebraska v. Colorado, which was filed in the U.S. Supreme Court in July 2025, potentially the most important water dispute in generations. Nebraska alleges Colorado has violated the compact by failing to deliver required irrigation-season flows and obstructing canal construction.

Hilgers said the compact is a “gold-plated” interstate agreement, approved by Congress, that includes Nebraska’s rare authority to use eminent domain in Colorado if needed. A decision on whether the Supreme Court will hear the case is expected soon, possibly by June 2026, he said. If accepted by the court, full litigation could take years, though settlement talks continue for possible “win-win” solutions like adjusting the diversion point, Hilgers said.

Hilgers stressed the need to “win this battle” to enforce the compact for future generations.

Q and A and More Information

In a question and answer session following the presentation, officials responded to questions about low current flows, land impacts, recreation, and effects on Colorado residents.

For more information, including detailed maps and diagrams of the project, logon to the Nebraska Department of Water, Energy, and Environment website’s Perkins County Canal Page at https://dnr.nebraska.gov/perkins-county-canal, or attend upcoming public meetings, which will also be posted on the NDWEE website.

 

The Grant Tribune-Sentinel

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327 Central Ave in Grant
Grant NE 69140