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CENTRAL PLATTE NRD v. STATE OF WYOMING

No. S-92-664.

513 N.W.2d 847 (1994)

245 Neb. 439

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, In re Applications A-17004, A-17005, A-17006, A-17007, A-17008, and A-17009, OF the CENTRAL PLATTE NATURAL RESOURCES DISTRICT.

Supreme Court of Nebraska.

March 25, 1994.

Attorney(s) appearing for the Case

Dennis C. Cook, Senior 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 and Bradley E. Nick, 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 Soc. and Nebraska Chapter of the Sierra Club.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH and LANPHIER, JJ., and GRANT, J., Retired.

WHITE, Justice.

The Central Platte Natural Resources District (CPNRD) applied for instream flow appropriations in the Platte River. The director of the Department of Water Resources (director) granted portions of the applications. The State of Wyoming (Wyoming), which had objected to the applications, appealed to the Nebraska Court of Appeals. The Court of Appeals affirmed. Wyoming then petitioned for and was granted further review in this court. We affirm in part...

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