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IN RE 2007 ADMIN. WATERS OF NIOBRARA RIVER

No. S-13-702.

851 N.W.2d 640 (2014)

288 Neb. 497

IN RE 2007 ADMINISTRATION OF APPROPRIATIONS OF the WATERS OF the NIOBRARA RIVER. Joe McClaren Ranch, L.L.C., and Weinreis Brothers Partnership, appellants, v. Nebraska Public Power District and Nebraska Department of Natural Resources, appellees.

Supreme Court of Nebraska.

Filed July 11, 2014.

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.

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

Jon Bruning , Attorney General, Justin D. Lavene , and Emily K. Rose for appellee Department of Natural Resources.

Steven C. Smith and Lindsay R. Snyder , of Smith, Snyder & Petitt, a general partnership, for amicus curiae Nebraska State Irrigation Association.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller — Lerman, and Cassel, JJ.

Heavican, C.J.

INTRODUCTION

Joe McClaren Ranch, L.L.C., and Weinreis Brothers Partnership, junior river water appropriators, hold appropriations to divert water from the Niobrara River (Niobrara). The junior appropriators petitioned for a hearing before the Nebraska Department of Natural Resources (Department) after receiving closing notices in favor of senior appropriations claimed by the Nebraska Public Power District (NPPD) for its Spencer hydropower...

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