Colorado to pay Nebraska $4 million for overuse of Republican River water

    Governors and attorneys general of Nebraska and Colorado announced a settlement of claims Feb. 22 regarding Colorado’s past use of water under the Republican River Compact.
    Under the agreement, Colorado will pay Nebraska $4 milion for its overuses.
    The new agreement between the states was signed by Gov. Pete Ricketts of Nebraska and Gov. John Hickenlooper of Colorado Jan. 31.
     The agreement builds upon the states’ recent collaborative water management efforts and approval of detailed interstate compact accounting procedures of water in the Republican River Basin.
    While the states are currently in compliance with the terms of the compact, this settlement resolves potential claims related to alleged past violations.
    The two-page settlement, in which Colorado does not admit to violating the compact, sets forth the following provisions:
    —Avoids any future litigation on these matters, by forever barring Nebraska from bringing claims against Colorado for violation of the compact and the prior 2002 Final Settlement Stipulation for the accounting period ending on or prior to Dec. 31, 2013.  
    —Provides a negotiated payment of $4 million to the State of Nebraska, subject to appropriation by the Colorado Legislature.
    —Establishes no precedent for water valuation in any of the states, including this river basin.
    —Requires payment by Dec. 31, 2018.
    Hickenlooper commented, “The settlement provides funds that could be used in the Republican River Basin within Nebraska and creates additional opportunities for cooperative water management between the states.”
    Colorado Attorney General Cynthia Coffman said the agreement “avoids the costs and uncertainty of litigation and furthers the principles of the compact, including removing controversy, fostering interstate cooperation and ensuring the most efficient use of water in the Republican River Basin.”
     Ricketts agreed that “Nebraska and Colorado can now continue to focus on providing their water users with greater certainty and to pursue other collaborative opportunities to benefit their shared economies.”
     Nebraska Attorney General Doug Peterson also expressed his approval. “This settlement is in the best interest of the state and builds on our previous collaborative efforts,” he said.  
    The agreement resolves the existing controversies between the two states regarding Colorado’s past use of water under the Republican River Compact and allows them to continue to work cooperatively.
     Ricketts recommended Nebraska’s Legislature invest the settlement funds in surface water resource conservation projects in the Republican River Basin.
    Nebraska water users were affected by the reduced water supply allocated to the State as a result of Colorado’s past years of use. These water users should benefit from further investments.
    Since Colorado established their streamflow augmentation project and other measures, the state has been in compact compliance since 2015.