8th Circ. Shuts Down Neb. Water Appropriations Fight

Law360, New York (November 7, 2011, 7:18 PM EST) -- The Eighth Circuit on Monday affirmed a lower court's ruling that the property rights of a group of Nebraska farmers and putative class members were not violated when state officials ordered them to stop drawing water from the Niobrara Watershed.

The farmers argued that the district court had erred in determining that the Nebraska Department of Natural Resources' notices prohibiting certain junior permit holders from continuing to draw water due to a decrease in levels in the area did not constitute a property deprivation.

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