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IN RE APPLICATION A-18503, WATER DIV. 2-D

No. S-12-1166.

838 N.W.2d 242 (2013)

286 Neb. 611

IN RE APPLICATION A-18503, WATER DIVISION 2-D. Middle Niobrara Natural Resources District et al., appellants, v. Department of Natural Resources and Nebraska Public Power District, appellees.

Supreme Court of Nebraska.

Filed October 4, 2013.

Attorney(s) appearing for the Case

Donald G. Blankenau , Thomas R. Wilmoth , and Vanessa A. Silke , of Blankenau, Wilmoth & Jarecke, L.L.P., for appellants.

Jon Bruning , Attorney General, Justin D. Lavene , and Blake E. Johnson 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., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, AND CASSEL, JJ.

HEAVICAN, C.J.

I. INTRODUCTION

The Nebraska Public Power District (NPPD) filed with the Department of Natural Resources (DNR) an application to appropriate additional surface water from the Niobrara River. As relevant to this appeal, Middle Niobrara Natural Resources District and Lower Niobrara Natural Resources District (collectively NRD's) and Thomas Higgins each filed amended objections to the application....

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