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IN RE WATER APPROPRIATION

No. 42333.

280 N.W.2d 75 (1979)

203 Neb. 776

In re WATER APPROPRIATION. Robert HOSTETLER et al., Appellants, v. STATE of Nebraska, Department of Water Resources, Appellee.

Supreme Court of Nebraska.

June 19, 1979.

Attorney(s) appearing for the Case

Healey, Healey, Brown & Wieland, Lincoln, for appellants.

Paul L. Douglas, Atty. Gen. and Paul W. Snyder, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., CLINTON, WHITE, and HASTINGS, JJ., and MURPHY, District Judge.

CLINTON, Justice.

This is an appeal from an order of the Department of Water Resources, made under the provisions of section 46-229.02 et seq., R.R.S.1943, canceling and annulling a water appropriation identified as docket No. 305 with priority date of June 1, 1879, granting the right to divert not to exceed 1.43 cubic feet of water per second of time, from Lodgepole Creek at a point on the north bank of that stream for the irrigation of certain described land containing...

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