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KOCH v. AUPPERLE

No. S-06-264.

737 N.W.2d 869 (2007)

274 Neb. 52

Loren W. KOCH, Appellee and Cross-Appellant, v. Ronald E. AUPPERLE and Mary Ann Aupperle, Appellants, and Lower Platte South Natural Resources District, Intervenor-Appellant and Cross-Appellee.

Supreme Court of Nebraska.

August 3, 2007.

Attorney(s) appearing for the Case

Steven G. Seglin and Thomas E. Jeffers, of Crosby Guenzel, L.L.P., Lincoln, for appellants and intervenor-appellant.

Stephen D. Mossman, of Mattson, Ricketts, Davies, Stewart & Calkins, Hickman, for appellee.

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

STEPHAN, J.

This case involves a water dispute between neighboring landowners. Ronald E. Aupperle and Mary Ann Aupperle, with the cooperation of the Lower Platte South Natural Resources District (LPSNRD), commenced construction of a small dam to create a farm pond along the banks of an unnamed tributary of Weeping Water Creek in Cass County, Nebraska. Loren W. Koch, a downstream user of the waters of the tributary, sought to enjoin the construction of the dam, and...

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