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IN RE WATER APPROPRIATIONS D-887 & A-768

No. S-91-228.

482 N.W.2d 11 (1992)

240 Neb. 337

In re WATER APPROPRIATIONS D-887 and A-768. BEERLINE CANAL COMPANY et al., Appellants, v. DEPARTMENT OF WATER RESOURCES, Appellee.

Supreme Court of Nebraska.

March 27, 1992.

Attorney(s) appearing for the Case

John P. Heil, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, for appellants.

Don Stenberg, Atty. Gen., Don Blankenau, and, on brief, Laura H. Essay for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

WHITE, Justice.

NATURE OF THE CASE

The Nebraska Department of Water Resources (Department) initiated these proceedings to determine whether certain water appropriations should be canceled because of nonuse for more than 3 consecutive years. See Neb.Rev.Stat. § 46-229.02 (Reissue 1988). The suit involves water appropriation D-887, which has a priority date of October 13, 1894, and grants the right to divert 30 cubic feet per second (cfs) of water from...

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