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STATE EX REL. DOUGLAS v. SPORHASE

No. 43206.

305 N.W.2d 614 (1981)

208 Neb. 703

STATE of Nebraska ex rel. Paul L. DOUGLAS, Attorney General, Appellee, v. Joy SPORHASE et al., Appellants.

Supreme Court of Nebraska.

May 8, 1981.

Attorney(s) appearing for the Case

Peter E. Schoon, Jr. and George M. Zeilinger of Padley & Dudden, P. C., Ogallala, for appellants.

Steven C. Smith, Sp. Asst. Atty. Gen., of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Gering, for appellee.

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

WHITE, Justice.

Appellants own adjacent tracts of land in Chase County, Nebraska, and in Phillips County, Colorado. A well physically located on the Nebraska tract pumps ground water for the purpose of irrigating crops on both the Nebraska tract and the Colorado tract. Defendants' predecessor in title registered the well with the State of Nebraska on January 18, 1971, as required by Neb. Rev.Stat. § 46-602 (Reissue 1978). However, neither the defendants nor their...

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