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CENT. NEB. PUB. POWER DIST. v. NORTH PLATTE

No. S-09-727.

788 N.W.2d 252 (2010)

280 Neb. 533

The CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT, a public corporation and political subdivision of the State of Nebraska, appellant and cross-appellee, v. NORTH PLATTE NATURAL RESOURCES DISTRICT, a political subdivision of the State of Nebraska, appellee and cross-appellant.

Supreme Court of Nebraska.

August 27, 2010.

Attorney(s) appearing for the Case

Michael C. Klein , Charles D. Brewster , Kearney , and Jonathan R. Brandt , of Anderson, Klein, Swan & Brewster, for appellant.

Steven C. Smith , Scottsbluff , and Lindsay R. Snyder , of Smith, Snyder & Pettit, and Peter W. Katt , Stephanie F. Stacy , and Derek C. Zimmerman , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee.

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

GERRARD, J.

The primary issue in this case is whether the appellant, a power and irrigation district that appropriates and stores surface water for the benefit of public users, may bring a judicial review proceeding under the Administrative Procedure Act (APA)1 to challenge a natural resources district's ground water appropriation. Because we agree with the district court that the appellant lacks standing to do so, we affirm the court...

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