PRATHER v. EISENMANN

No. 41203.

261 N.W.2d 766 (1978)

200 Neb. 1

Derald PRATHER and Ruth Prather, husband and wife, Appellees, v. Don EISENMANN and Sharon R. Eisenmann, husband and wife, Appellants.

Supreme Court of Nebraska.

February 1, 1978.


Attorney(s) appearing for the Case

Thomas H. DeLay of Mueting, DeLay & Spittler, Norfolk, for appellants.

George H. Moyer, Jr. of Moyer, Moyer & Egley, Madison, for appellees.

Deutsch, Jewell, Otte, Gatz, Collins & Domina, Norfolk, for brief of Lower Elkhorn Natural Resources District, amicus curiae.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.


SPENCER, Justice.

This is an action brought by domestic well owners to enjoin the pumping of ground water from an irrigation well owned by defendants, and for damages. The District Court found defendants' withdrawal caused a loss of artesian pressure in plaintiffs' wells, interfering with their domestic appropriation.

The court found the water was sufficient for all users if plaintiffs lowered their pumps to below the aquifer and defendants did not lower their...

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