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IN RE BIRDWOOD IRR. DIST., WATER DIVISION NO. 1-A

No. 32818.

46 N.W.2d 884 (1951)

154 Neb. 52

In re BIRDWOOD IRR. DIST., WATER DIVISION NO. 1-A. STATE et al. v. BIRDWOOD IRR. DIST. et al.

Supreme Court of Nebraska.

March 23, 1951.

Attorney(s) appearing for the Case

Edward E. Carr and Baskins & Baskins, all of North Platte, for appellant.

Clarence S. Beck, Atty. Gen., Bert L. Overcash, Asst. Atty. Gen., Henry M. Grether, Sp. Asst. Atty. Gen., for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CARTER, Justice.

This is a proceeding commenced by the Department of Roads and Irrigation to cancel a part of the water appropriation of the Birdwood Irrigation District. After notice and hearing, the department determined that a beneficial use of water had not been made upon 6,762.78 acres of land within the district, and canceled the appropriation of water for such lands. The district and a number of landowners within the district appeal.

The appropriation...

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