Neb. Supreme Court Reverses State Basin Water Ruling

Law360, New York (June 3, 2011, 7:18 PM EDT) -- Four natural resources districts in Nebraska on Friday won the reversal of a state Department of Natural Resources decision designating most of the Lower Niobrara River Basin “fully appropriated” and restricting water development in the area.

The Nebraska Supreme Court ruled that the department's 2008 designation, triggered by a “call” from Nebraska Public Power District over its water diversion rights in the basin as a senior appropriator, was arbitrary and invalid. A call is effectively a request that the agency close the rights to divert water...
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