When it comes to Nebraska building a $500 million controversial canal on both sides of the Nebraska-Colorado state line, Colorado officials tell News Channel Nebraska they’ve been kept in the dark.

They also tell NCN they are not out to get water from the South Platte River before Nebraska gets it.

NCN has questioned Colorado about the canal, following several recent comments from Nebraska Gov. Pete Ricketts.

To begin with Ricketts has repeatedly defended the need for the canal, arguing it can’t come too soon.

 Gov. Pete Ricketts (March 2, 2022):

“Delay only benefits Colorado. On February 4th they dropped a bill that required Colorado to accelerate the work they're doing on the South Platte River to be able to take that water from us before we can get to it. Their philosophy, I'm guessing, is that possession is 9/10 of the law. So, the longer this gets delayed and the more projects of theirs they get, the more difficult it is for us to be able to get that water.

So, delay only benefits Colorado. We’ve got to push forward and build this canal, so that we can have the opportunity to be able to enforce our legal rights….It's a very unique compact, we actually have the eminent domain authority in Colorado to go build it.  Until we build the canal and reservoir system, we don't have that hammer to bring at Colorado for that water during the non- irrigation season (October-April)."

Ricketts’ comments prompting the following give and take with the Colorado Department of Natural Resources: 

NCN's Joe Jordan:

"Gov. Ricketts recently said a bill currently in the Colorado Senate, 'Requires Colorado to accelerate the work (Colorado) is doing on the South Platte River to be able to take that water from (Nebraska) before we can get to it.' Is that an accurate description of the legislation?"

Colorado Dept. of Natural Resources:

"It is not an accurate description. Current Colorado law requires the Colorado Water Conservation Board to prioritize projects that will increase the beneficial use of Colorado’s waters. The legislation, SB22-126 as amended doesn’t change how Colorado prioritizes water projects.  It simply reiterates that the existing statute includes projects in the South Platte. Regarding the suggestion that Colorado is making an effort, “To take that water from (Nebraska) before we can get to it…" The Compact does not operate that way, where one state can take water before the other can get to it. The December 17, 1921, date that Nebraska relies on is fixed in the Compact; that component of the Compact that Nebraska claims to “get to it” does not go away over time. Colorado has a growing and diverse economy in the South Platte Basin and, like Nebraska, has a strong agricultural economy. Also, like Nebraska, Colorado’s economy relies on the use of water to which it is legally entitled. Colorado's development of water from the South Platte River is to support the needs of its economy, not to take water before Nebraska can get to it."

NCN's Joe Jordan:

"What does Colorado intend to do with the water? More specifically isn't Colorado, due to several new developments on the Front Range, planning to keep more water from flowing into Nebraska?"

Colorado Dept. of Natural Resources:

"The list of projects that Gov. Ricketts refers to are potential projects, many of which are conceptual ideas that may or may not come to fruition. The majority of these projects don’t involve water storage but are a wide variety of efforts, including environmental restoration projects, efficiency projects, or plans or studies.  Additionally, most of these projects are upstream of where the compact allows Nebraska to build a canal and will likely not impact Nebraska’s water rights."

NCN's Joe Jordan: "What guarantees can Colorado give to Nebraska that the current flows of the South Platte will continue in the future?"

Colorado Dept. of Natural Resources:

"Colorado will continue to comply with all aspects of the Compact, as it has in the past. That is our guarantee."

NCN's Joe Jordan: "If both states cannot agree on the future of those flows, does Colorado have a compromise in mind?"

Colorado Dept. of Natural Resources:

"Colorado knows very little about Nebraska’s plan since most of our information has come through the media. Since Nebraska has not provided details of their decision to construct the canal and since Colorado has complied and will comply with the Compact there is nothing to compromise on at this point."

On the floor of the Legislature Wednesday, Speaker Mike Hilgers made it clear he has a far different view of Colorado’s plans. “The State of Colorado has made incredibly clear, been very explicit, not just with their words but with their actions and with their dollars that they're coming after the water that they're legally entitled to under this compact.”