Water is the lifeblood of rural Nebraska. Not only do we need clean drinking water for our communities, farms, and ranches, but water is essential for the crop and animal production that drives so much of our economy.

Unfortunately, it is not as simple as preserving the water resources located in our state. River flows require Nebraska to manage water in partnership with up- and down-stream states like Colorado and Kansas. Many are probably most familiar with the Republican River Compact, which requires careful water-use management in southwest Nebraska. This management requires expenditures by area ag producers, including costs to complete the N-CORP project.

More recently in the spotlight is the South Platte River Compact, an agreement entered into by Nebraska and Colorado in 1923 and consented to by Congress in 1926. The compact establishes two minimum flows of water coming from Colorado into Nebraska’s Western Irrigation District in the South Platte River Basin. During irrigation season (April 15 to October 1), a minimum flow of 120 cubic feet per second (cfs) is required. One cfs is equivalent to 448.8 gallons of water flowing per minute. The compact also establishes a 500 cfs minimum flow during the non-irrigation season into the Perkins County Canal (which has never been built).

This past week, I had the opportunity to join eight of my legislative colleagues on a tour of the proposed Perkins County Canal site. I was especially encouraged that three were urban senators who wanted to see firsthand why this project is so critical. It will take urban and rural Senators working together when the time comes to fund this project.

When the Compact was signed, there was no deep-well irrigation and the front range of Colorado was much less developed. Today, the water demand in Colorado had increased significantly and the flow of water in the South Platte River has diminished to levels well below Compact compliance. Further, the development in Colorado is accelerating to the point that summer flows from the South Platte River could stop entirely in dry years.

Colorado is planning for its future as its population grows. There are plans for approximately 300 projects and over $10 billion in expenditures to ensure no “excess” water leaves Colorado. These plans would cause a nearly 90% reduction in flows coming into Nebraska along the South Platte. Already this year, a large portion of the water users within the Western Irrigation District were unable to obtain adequate water flows for irrigation, thanks to the reduced water flows from Colorado. Additional reductions could also impact downstream irrigation and drinking water access.

Colorado is out of compliance with the Compact. They are allowing junior water users to access water that should be flowing into Nebraska. However, Colorado has taken the position that unless and until the Perkins County Canal Project is built, they have no obligation to supply the winter flows of 500 cfs.

If the Perkins County Canal Project were built, it would begin near Ovid, CO, where the official meter is located. It would then stretch south of the South Platte River in Keith County and ultimately deliver water back in to the South Platte River. The Project would also likely include mechanisms for holding winter-time flows until the water could be released in the summer to augment the South Platte River water flows and help supply the water needs for Lake McConaughy, hydropower and power plant cooling, environmental flows, agricultural use, and ultimately municipal supplies for Lincoln and Omaha. It is estimated that the amount of water stored and released from the Project could fully replace the current summer irrigation water released from Lake McConaughy today.

Project costs are estimated at nearly $500 million. This year, I voted to authorize a $53.5 million expenditure to complete a feasibility study and obtain land “options” to ultimately purchase the land necessary to construct the Canal and water-holding structures. Although this will be a multi-year project, delays will only empower Colorado to continue approving new water-use projects that decrease Nebraskans’ access to the South Platte water supply.

If you would like to learn more about the South Platte River Compact and the Perkins County Canal, I encourage you to check out the Nebraska Department of Natural Resources’ website at https://dnr.nebraska.gov/perkins-county-canal.

As your State Senator, I will continue to fight to make certain that we do not lose critical access to water in the South Platte River merely by failing to act to claim our rights to this precious water from Colorado. The economic and personal impact is huge and we must act now.

If you’d like to discuss water rights or any other issue, please feel free to reach out to me at mjacobson@leg.ne.gov or 402-471-2729. My door is always open!