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MIDDLE NIOBRARA NRD v. DEPT. OF NAT. RES.

No. S-09-1311.

799 N.W.2d 305 (2011)

281 Neb. 634

MIDDLE NIOBRARA NATURAL RESOURCES DISTRICT et al., appellants, and Michael Jacobson, appellee and cross-appellant, v. DEPARTMENT OF NATURAL RESOURCES, appellee and cross-appellee.

Supreme Court of Nebraska.

June 3, 2011.

Attorney(s) appearing for the Case

Donald G. Blankenau and Thomas R. Wilmoth , of Blankenau Wilmoth, L.L.P., for appellants.

Jon Bruning , Attorney General, Marcus A. Powers , and Justin D. Lavene , for appellee Department of Natural Resources.

Michael Jacobson , pro se.

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

CONNOLLY, J.

I. SUMMARY

Under the Nebraska Ground Water Management and Protection Act (the Act),1 the Department of Natural Resources (Department) designated the portion of the Lower Niobrara River Basin upstream of the Spencer hydropower facility fully appropriated. The appellants are four natural resources districts (NRDs) that regulate ground water in the fully appropriated boundary. They appeal the Department director's 2009...

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