WASHINGTON — U.S. Sen. Pete Ricketts says Nebraska should pursue federal permitting for the Perkins County Canal while its lawsuit against Colorado moves through the U.S. Supreme Court, arguing the two efforts should advance in parallel rather than one after the other.
The comments come after the Supreme Court agreed to hear Nebraska’s lawsuit accusing Colorado of violating the South Platte River Compact and threatening Nebraska’s water rights. The case centers on Nebraska’s long-planned Perkins County Canal, which state leaders say is necessary to capture South Platte River flows during the non-irrigation season.
Ricketts has introduced an amendment to the Water Resources Development Act of 2026 that would require the U.S. Army Corps of Engineers to issue a permit for the canal by February 2028. He said the measure is intended to prevent permitting delays while the legal dispute continues.
“To make sure that we get the Perkins County Canal built in a timely manner, I included a measure in the Water Resources Development Act that would require the Army Corps of Engineers to get us the permit by February 2028,” Ricketts said in an interview with the Rural Radio Network. “This would make sure that they deliver that permit for the project on time and help keep this project moving forward.”
The senator said Nebraska should not wait for the courts before continuing work on the project.
“We want to continue to push forward on this process,” Ricketts said. “It’s going to take a number of years. … If we’re parallel path pursuing the legal options versus getting the permitting done and getting the construction started to whatever extent we can, we should do both at the same time.”
Ricketts welcomed the Supreme Court’s decision to hear Nebraska’s case, calling it an important step in enforcing the state’s rights under the compact.
“Colorado has been avoiding giving us the water that we are legally entitled to for a while,” he said. “This step to be able to get to the Supreme Court to make our case about Colorado is very, very important.”
Nebraska officials argue the canal is essential because the 1926 compact allows the state to require deliveries of South Platte River water during the non-irrigation season only if Nebraska builds the canal and associated storage.
“The only way that we have to legally enforce that 1926 compact is by building the Perkins County Canal and the reservoir that goes with it,” Ricketts said.
The senator said the Army Corps would still have adequate time to complete its environmental review before issuing a permit.
“The Army Corps of Engineers will have plenty of time to do this permit,” he said. “This is February of 2028, so they’ll have plenty of time to do the analysis.”
Nebraska has already appropriated more than $600 million for the canal project. Ricketts said land acquisition, permitting and construction will still take years, making it important to keep the project moving on every available front.
