IN RE COMPLAINT OF CENTRAL NEB. PUB. POWER

No. S-04-836.

699 N.W.2d 372 (2005)

270 Neb. 108

In re Complaint of CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT. Central Nebraska Public Power and Irrigation District (CNPPID), appellant, v. The persons identified as registered irrigation well owners located in the Platte River watershed as listed in the Department of Natural Resources' database upstream of CNPPID's diversion dam and Nebraska Department of Natural Resources, appellees.

Supreme Court of Nebraska.

July 1, 2005.


Attorney(s) appearing for the Case

Michael C. Klein, of Anderson, Klein, Swan & Brewster, Holdrege, for appellant.

Jon Bruning, Attorney General, David D. Cookson, and Justin D. Lavene, for appellee Nebraska Department of Natural Resources.

Steven C. Smith, of Pahlke, Smith, Snyder, Petitt & Eubanks, Scottsbluff, a general partnership, for amici curiae Pathfinder Irrigation District et al.

Robert J. McCormick, Holdrege, for amicus curiae The Tri-County Water Users Association.

Donald G. Blankenau and Jaron J. Bromm, of Fennemore Craig, P.C., Lincoln, for amicus curiae Nebraska Groundwater Management Coalition.

LeRoy W. Sievers, of Knudsen, Berkheimer, Richardson & Endacott, L.L.P., Lincoln, for amici curiae Nebraska Water Users, Inc., and Nebraska State Irrigation Association.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


WRIGHT, J.

NATURE OF CASE

The Central Nebraska Public Power and Irrigation District (Central) filed an amended complaint with the Nebraska Department of Natural Resources (Department) alleging that "registered irrigation well owners located in the Platte River watershed" were diverting waters of the Platte River without having first obtained appropriations from the Department. Central requested that the irrigation well owners be ordered to cease such "unpermitted...

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