I wanted to open my article this week with an update on my health status. I am happy to report that I underwent a PET scan at UNMC three weeks ago, and the results indicate that the cancer in my body is gone. Although the medication caused side effects, including balance problems that led to my fall in June, it also seems to have done its job of attacking the cancer cells. My healthcare is now focused on regaining stamina after muscle loss from the fall-related rhabdomyolysis, and I’m glad to be able to spend more time in the District amongst my constituents. I hope to be fully recovered by the year’s end and am remaining active in the meantime.

I was glad to spend a little time on the farm in the last week running a grain cart as part of the corn harvest.  Although I think Julie would prefer that this be my last year farming, it’s hard to walk away. Anyone who has farmed knows the old saying that “you can take the kid out of the farm, but you can’t take the farm out of the kid.” I am a firm believer that much of Nebraska’s well-known work ethic stems from our agricultural roots. I am proud to be a part of the ag tradition and pass those values on to my own family.

Although a sad occasion, I was also grateful to be able to attend the memorial service for former state Senator and local rancher Tom Hansen over the weekend. Tom was very involved in the cattle industry and in local service organizations in North Platte. He was respected by the Senators he served with and was remembered as a fair-minded person who often reached across party lines to pass good legislation. He set a great example for others to follow, and I am glad to have counted Tom as a friend for many years. Julie and I wish Linda and the Hansen family the very best as they grieve, and thank them for sharing Tom with us.

In terms of legislative business, I spent the end of last week in Lincoln participating in interim study activities. I will do the same this week. I have also been keeping a close eye on the litigation related to the Perkins County Canal and the related compact from 1921. Many of you will have seen news coverage of Colorado’s brief filed in the lawsuit last Wednesday. I am eager to see if the U.S. Supreme Court will take up the case during the 2025-2026 session. A decision could go a long way toward advancing the Canal project and protecting the water rights of Nebraskans.

In my mind, the main benefit of the compact will be the ability to enforce water rights related to flows into the South Platte River. Although the compact does not require Colorado to guarantee Nebraska minimum flows into the Platte River, it does require them to take steps to enforce against “junior” water users. This would require the junior water users to stop removing water from the river and deep wells that impact the river flow if Colorado is not meeting the minimum flow requirements in the compact.

Nebraska is entitled to at least 120 cubic feet per second (CFS) of water in the summer months and 500 CFS of water in the winter months. The compact designates the gate at Ovid, Colorado, as the measuring point. When I toured the site a couple of years ago, it was clear that the flow was insufficient to meet the requirements, yet center pivots in eastern Colorado were still running. This is a clear violation of the compact. Also, remember that the 120 and 500 CFS of water are required minimums, not maximums. When enforcing the compact, I hope they consider what the flows would have been if junior rights had been shut off as required by the compact and the influence of inaction on historic and current flows.

As important as water is, there is no question why Colorado is pushing back. I believe the timing of the lawsuits is good, so Nebraska can get a better feel for the ultimate interpretation of the compact before more dollars are spent. But make no mistake, we would kick ourselves if we did not make every effort to enforce our rights now. Water will only become more precious as the Front Range continues to be developed and expanded. Colorado’s attitude towards Nebraska’s enforcement may ultimately open a can of worms that they didn’t bargain for.

And, although the compact does not have a time limit for Nebraska to complete the work on the canal and reservoir, development of the system will continue to increase in cost as time goes on.

I expect we will see efforts again next year from some in the Legislature to skim off funds currently held for the Perkins County Canal, whether to balance the budget or for other projects. I hope that we can get a quick resolution of the litigation matter prior to discussions about reallocating the funds, but the legal process can often be slow. I am appreciative of the Governor’s continued effort to protect the Canal dollars. Access to sufficient surface and groundwater in Nebraska is critical, not only for agricultural and industrial operations, but for the cooling ponds at Gerald Gentleman Station and to ensure sufficient drinking water for all of the communities along the Platte River – including Lincoln and Omaha.

It is a privilege to represent you in the Nebraska Legislature, and I look forward to continuing to hear about issues that are important to you. I can be reached at 402-471-2729 or by emailing me at mjacobson@leg.ne.gov.