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IN RE CENTRAL PLATTE NATURAL RES. DIST.

No. A-92-664.

512 N.W.2d 392 (1993)

In re Applications A-17004, A-17005, A-17006, A-17007, A-17008, and A-17009 OF the CENTRAL PLATTE NATURAL RESOURCES DISTRICT. CENTRAL PLATTE NATURAL RESOURCES DISTRICT, Appellee and Cross-Appellee, v. STATE OF WYOMING, Appellant, Central Nebraska Public Power and Irrigation District, Appellee and Cross-Appellant, and Lower Platte North Natural Resources District, et al., Appellees.

Court of Appeals of Nebraska.

July 6, 1993.

Attorney(s) appearing for the Case

Dennis C. Cook, Sr. Asst. Wyoming Atty. Gen., and Donald M. Gerstein, Lawrence J. Wolfe, of Holland & Hart, Cheyenne, WY, and James W. Hewitt, Lincoln, for appellant.

James E. Doyle IV, of Cook, Wightman & Doyle, Lexington, for appellee Central Platte Natural Resources Dist.

Michael C. Klein, of Anderson, Klein, Peterson & Swan, Holdrege, for appellee Central Nebraska Public Power and Irr. Dist.

George E. Svoboda, of Sidner, Svoboda, Schilke, Thomsen, Holtorf & Boggy, Fremont, for appellee Lower Platte North Natural Resources Dist.

Glen A. Murray, Grand Island, for appellees National Audubon Society and Nebraska Chapter of the Sierra Club.

Before SIEVERS, C.J., and HANNON and IRWIN, JJ.

IRWIN, Judge.

This is a direct appeal by the State of Wyoming (Wyoming) pursuant to Neb.Rev. Stat. § 46-210 (Cum.Supp.1992) from a July 2, 1992, order of Nebraska's Director of Water Resources (Director), in which order the Director approved instream flow applications by Central Platte Natural Resources District (Central Platte NRD).

In its assignments of error, Wyoming claims that (1) the Director's determination that unappropriated water is available...

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