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eBook details

• Title: Application a$216642. Nebraska Game and
• Author : Supreme Court of Nebraska
• Release Date : January 30, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 88 KB

Description

I. INTRODUCTION This is a direct appeal from an order of the Director of Water Resources partially granting the permit requested by applicant-appellee,
Nebraska Game and Parks Commission (applicant), for an instream flow appropriation at Long Pine Creek. Objector-appellant,
The 25 Corporation, Inc. (25 Corporation), and objectors-appellees and cross-appellants, the City of Ainsworth (Ainsworth),
the Ainsworth Irrigation District and the Niobrara River Basin Development Association (hereinafter collectively referred
to as Irrigation District), and Donald E. Zwiebel and the Niobrara Basin Environmental Improvement Commission (hereinafter
collectively Zwiebel), challenge the order. These objectors-appellees and cross-appellants and the objector-appellant are
hereafter referred to as the "complaining objectors." (We note that although Ainsworth and Zwiebel designate themselves as
appellants, the first notice of appeal was filed by 25 Corporation. Therefore, Ainsworth and Zwiebel are not appellants but,
rather, are appellees and cross-appellants. See Neb. Ct. R. of Prac. 1C and 1E (rev. 1989).) During the director's hearing,
objector-appellee City of Long Pine (Long Pine) reached an understanding with the applicant, as the result of which Long Pine
abandoned its objection in return for a stipulation and amendment of the application to reflect that, in accordance with their
agreement, the water capable of being captured by Long Pine's municipal water supply facility is ground water and thus not
subject to the applicant's appropriation. This stipulation and amendment was approved and accepted by the director over the
objections of 25 Corporation and the Irrigation District. Although the Brown County Board of Commissioners objected to the
application and is an appellee, it has filed no brief in this court; accordingly, we make no further reference to that entity.

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