UPPER BIG BLUE NRD v. STATE, DNR

Nos. S-07-905, S-07-906.

756 N.W.2d 145 (2008)

276 Neb. 612

UPPER BIG BLUE NATURAL RESOURCES DISTRICT, a political subdivision of the State of Nebraska, appellant and cross-appellee, v. STATE OF NEBRASKA DEPARTMENT OF NATURAL RESOURCES, an executive department and agency of the State of Nebraska, and Ann S. Bleed, in her official capacity as acting director of the Department of Natural Resources, appellees and cross-appellants. Upper Big Blue Natural Resources District, a political subdivision of the State of Nebraska, appellant and cross-appellee, v. State of Nebraska Department of Natural Resources, an executive department and agency of the State of Nebraska, and Ann S. Bleed, in her official capacity as acting director of the Department of Natural Resources, appellees and cross-appellants, and Little Blue Natural Resources District, a political subdivision of the State of Nebraska, appellee.

Supreme Court of Nebraska.

September 26, 2008.


Attorney(s) appearing for the Case

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

Jon Bruning, Attorney General, David D. Cookson, and Justin D. Lavene for appellees Department of Natural Resources and Ann S. Bleed.

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


HEAVICAN, C.J.

INTRODUCTION

The primary issue presented by these consolidated appeals is whether the Nebraska Ground Water Management and Protection Act (Act),1 provides the Department of Natural Resources (DNR) with the authority to consider a geographic area located in one river basin but hydrologically connected to a second basin when determining that the second basin is fully appropriated.

FACTUAL BACKGROUND

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