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IN RE 2007 APPROPRIATIONS OF NIOBRARA RIVER

No. S-11-006.

820 N.W.2d 44 (2012)

283 Neb. 629

In re 2007 ADMINISTRATION OF APPROPRIATIONS OF THE WATERS OF THE NIOBRARA RIVER. Jack Bond and Joe McClaren Ranch, appellants, v. Nebraska Public Power District and Department of Natural Resources, appellees.

Supreme Court of Nebraska.

April 13, 2012.

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, Justin D. Lavene , and Marcus A. Powers for appellee Department of Natural Resources.

Stephen D. Mossman and Patricia L. Vannoy , of Mattson, Ricketts, Davies, Stewart & Calkins, for appellee Nebraska Public Power District.

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

McCORMACK, J.

I. NATURE OF CASE

Junior river water appropriators Jack Bond and Joe McClaren Ranch filed a request for hearing before the Nebraska Department of Natural Resources (Department), challenging the validity of the Department's administration of water in response to a call for administration placed by the Nebraska Public Power District (NPPD). The Department joined the matter as a party litigant against the junior appropriators. Following a hearing...

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