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SPEAR T RANCH v. NEBRASKA DNR

No. S-04-639.

699 N.W.2d 379 (2005)

270 Neb. 130

SPEAR T RANCH, INC., appellant and cross-appellee, v. NEBRASKA DEPARTMENT OF NATURAL RESOURCES, appellee and cross-appellant.

Supreme Court of Nebraska.

July 8, 2005.

Attorney(s) appearing for the Case

Thomas D. Oliver for appellant.

Jon Bruning, Attorney General, and Justin D. Lavene for appellee.

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

Michael C. Klein, of Anderson, Klein, Swan & Brewster, Holdrege, for amicus curiae Central Nebraska Public Power and Irrigation District.

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

WRIGHT, J.

I. NATURE OF CASE

Spear T Ranch, Inc. (Spear T), filed a claim for damages with the State Claims Board under the State Tort Claims Act, Neb.Rev.Stat. § 81-8,209 et seq. (Reissue 2003). The board denied the claim, and Spear T subsequently brought an action against the Nebraska Department of Natural Resources (Department). Spear T alleged that the Department was negligent in failing to protect Spear T's surface water appropriations and that...

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