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WEBER v. NORTH LOUP RIVER PUBLIC POWER

No. S-13-808.

854 N.W.2d 263 (2014)

288 Neb. 959

William WEBER and Dixie Weber, husband and wife, appellants, v. NORTH LOUP RIVER PUBLIC POWER AND IRRIGATION DISTRICT, appellee.

Supreme Court of Nebraska.

Filed August 29, 2014.

Attorney(s) appearing for the Case

Rodney J. Palmer , Ainsworth, of Palmer Law Group, L.L.C., for appellants.

Adam J. Prochaska , of Harding & Shultz, P.C., L.L.O., Lincoln, for appellee.

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

Stephan, J.

William Weber and Dixie Weber entered into contracts for irrigation water with North Loup River Public Power and Irrigation District (North Loup). The Webers did not make payments due under the contracts prior to the 2010 irrigation season. In June 2010, heavy rains destroyed a diversion dam which North Loup had utilized to deliver water to the Webers and other irrigators. As a result, North Loup did not deliver any water to the Webers during 2010. The...

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