May 18, 2026

Colorado Supreme Court Issues Ruling in Favor of NISP

The Colorado Supreme Court has ruled water activity enterprises, such as the Northern Integrated Supply Project Water Activity Enterprise, have the power to acquire property needed for water projects and activities through the eminent domain process if negotiations do not succeed.

In a ruling issued May 4, 2026, the court affirmed the actions of the NISP to acquire property and easements for the placement of water delivery pipelines. Those powers are conferred to enterprises through their parent districts. Under Colorado law, water activity enterprises are government-owned businesses formed by parent districts to pursue water projects and activities. In this instance, the NISP Enterprise receives its eminent domain authority from its parent district, Northern Water.

A landowner named VIMA Partners LLC had challenged NISP’s authority to engage in the property condemnation process to acquire pipeline easements on its property.

“NISP Enterprise has the authority to condemn easements on VIMA Partners’ land to survey, locate, construct, operate, and maintain pipelines and related infrastructure for the NISP because that work relates to water activities as defined by statute,” the unanimous ruling by Justice Richard Gabriel held.

The ruling is another step to complete the federally permitted project, which will bring additional water to participating communities throughout Northeastern Colorado. By approving the use of eminent domain for acquiring necessary property for water delivery, the court recognized the vital need for water infrastructure to help serve the needs of Coloradans well into the 21st century.

Currently, project staff are working to bring the project to bid by qualified contractors, with selection of a contractor for components such as Glade Reservoir Dam, Glade Reservoir Pump Plant, Munroe Canal Embankment and delivery pipelines planned to occur by the end of the year. Contractors have been chosen for the relocation of U.S. 287 in the Glade Reservoir footprint and the Glade Reservoir Diversion and Intake Canal.