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IN RE APPLICATION U-2

No. 86-119.

413 N.W.2d 290 (1987)

226 Neb. 594

In re APPLICATION U-2. CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT, Appellee, v. John D. and Patty R. ABRAHAMSON et al., Appellants, Evert Anderson et al., Appellees.

Supreme Court of Nebraska.

October 2, 1987.

Attorney(s) appearing for the Case

Steven G. Seglin and Leroy W. Orton, of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, and Bruce A. Peterson, of Anderson, Strasburger, Klein, Peterson and Swan, Holdrege, for appellee Central Nebraska Public Power and Irrigation Dist.

Larry L. Ruth and Rodney M. Confer, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellants.

Robert M. Spire, Atty. Gen., and LeRoy W. Sievers, Lincoln, for appellee State of Neb.

Gene D. Watson and John C. McClure, Lincoln, for amicus curiae Nebraska Public Power Dist.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

GRANT, Justice.

On November 2, 1984, the Central Nebraska Public Power and Irrigation District (hereinafter Tri-County) filed an application (Application U-2) with the Department of Water Resources (DWR), seeking recognition of incidental water storage in the three-county area of Gosper, Phelps, and Kearney Counties. The application alleged that a large mound of underground water had formed in this area as a result of seepage from Tri-County's 600-mile surface canal...

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