‘None of them want to sell to Nebraska’: Colorado landowners unite as Nebraska threatens eminent domain for canal project

Colorado landowners are fighting back against Nebraska’s threat to condemn their land to build the Perkins County Canal – which would bring water to Nebraska. Fred Knapp of Nebraska Public Media News went to Colorado to talk to some of the people who own the land Nebraska wants.

JJ Parker drives his pickup down Sedgwick County Road 28, just southwest of Ovid, Colorado, about five miles south of the Nebraska border.

“So this is it here. This is my place here,” he says.

JJ is in the fourth generation of Parkers to live on the land. Mark Kross, who owns land nearby, spots an envelope on Parker’s dashboard.

“What is it?” he asks.

“It's my homestead certificate, signed by Theodore Roosevelt,” Parker tells him.

“Oh man, that's incredible,” says Kross.

Driving toward the South Platte River, Parker points to a meadow where he grows hay to feed his cattle and to sell.

“It has only been a hay meadow. It's never been anything – it's never been broke up. It's about a mile and a tenth long. And my grandfather and my dad, they put this up with horses until, I don't know, probably 1950. I mean, I still have all the stuff – still have all the horse-drawn equipment,” he says.

But this generation of Parkers may be the last to work the meadow.

Parker said the state of Nebraska wants to acquire about 38 acres of his land outright, and get easements on another 200, to divert water from the South Platte River and begin the Perkins County Canal.

That’s a project to bring water from Colorado to Nebraska. A century-old agreement between the states gives Nebraska the right to get land for the canal in Colorado, including by using eminent domain.

In January, Parker got a letter giving him 90 days to accept an offer for his land or face the possibility of Nebraska using eminent domain to condemn the land.

“I was in denial... I’ve lived here my whole life, it just seems like craziness, you know?”

Parker also did not feel Nebraska offered him a reasonable price.

“No, I don't think so. I mean, basically, a lot of us – this going to put us out of the farming business anyway,” he says.

When asked how he would characterize the way the state of Nebraska has dealt with him, Parker paused.

“Have you ever been condemned before?" he asked. "That's not the greatest thing ever.”

Kross, visiting for the day, owns land down the river, which is also in Nebraska’s sights. He objects to how Nebraska is trying to get land even before it's gotten the environmental permits that it will need for the canal.

“Taking land from families that have had 100 years on that land, when you don't have the key elements of being able to build your project… seems premature and pretty devastating to that family,” Kross says.

That frustration is leading to action. Kross says the landowners are united.

“None of them want to sell. None of them want to sell to Nebraska,” he says.

Instead, he said, they’ve decided to fight.

“We're defending ourselves, and we've hired what we consider to be – and is considered by many people to be – the best attorney in Colorado to fight condemnation, and that's what we're intending to do. We'll do whatever it takes to fight condemnation.”

The deadline to accept Nebraska’s offer or face possible eminent domain proceedings was April 17. So far, nothing has happened. Parker’s unclear about what happens next.

“I guess we don't really know. I guess we're just – it's kind of a waiting game, really. We don't know what Nebraska is going to do, so I guess we'll just wait and see,” he said.

The Nebraska Department of Natural Resources declined an interview request to talk about where things stand with its land acquisition efforts, or what the next steps might be.

In a written statement, it said “The Department of Natural Resources is currently in the negotiation phase on a number of property acquisitions related to the Perkins County Canal Project. We will not be commenting until such transactions are complete.”

Alex Lasater, another landowner who said Nebraska has talked to him about using his land, said the states need to look for a win-win solution.

"Nebraska and Colorado need to be happy with the end result, and there might be more efficient ways to provide Nebraska with water it needs. And the gold standard today may not be a canal. It was the only option in the 20s, but it may not be viable in 2025,” he said.

But Lasater added he doesn’t see any movement in that direction yet.

“Maybe both sides aren't ready to sit down and carve out, develop a win-win. Maybe we're still posturing,” he said.

A look at past coverage of the proposed Perkins County Canal project:

Nebraska Department of Natural Resources official says Colorado landowners seem uninterested in canal negotiations

Train of bills temporarily sidetracked, Perkins diversion heard

Colorado official threatens legal action over Perkins County Canal

Nebraska seeks Colorado canal land, school choice fight resumes

Nebraska moving ahead with Perkins County Canal plans despite Colorado’s concerns

Colorado wary of Nebraska’s plans for Perkins County Canal

Pillen: 'I'll abandon Perkins Canal if legal costs get too high'

Nebraska begins buying Colorado land for Perkins County Canal