LINCOLN (AP) — The Nebraska Supreme Court has reversed a state ruling that part of the Lower Niobrara River Basin was “fully appropriated” and subject to costly land management requirements.
The court issued a ruling Friday that overturns a finding by the Department of Natural Resources. The DNR ruled in 2009 that part of the basin upstream of a Spencer hydropower plant was “fully appropriated.” The designation requires natural resource districts to undertake significant and costly measures to balance water usage with the supply.
Four natural resource districts that regulate ground water within the boundary challenged the designation in court, along with a landowner who farms in the basin.
The DNR designation stemmed from a request by the Nebraska Public Power District to close the water diversion rights of less senior users upstream.
Copyright ©2012 Omaha World-Herald®. All rights reserved. This material may not be published, broadcast, rewritten, displayed or redistributed for any purpose without permission from the Omaha World-Herald.
