In re Application A-18503

The Nebraska Public Power District (NPPD) filed an application with the Department of Natural Resources (DNR) to appropriate additional surface water from the Niobrara River. The Middle and Lower Niobrara Natural Resources Districts (collectively, NRDs) and Thomas Higgins, who held senior existing and pending Niobrara River surface water appropriations, objected to the application. The DNR dismissed all objections sua sponte, concluding that the objectors lacked standing. The Supreme Court affirmed, holding that the DNR did not err in (1) dismissing the NRDs' objections for lack of standing because they failed to allege any legal right, title, or interest in the subject water of the Niobrara River and because the NRDs' allegations that the granting of the application would cause a portion of the Niobrara River Basin to be declared fully appropriated in the future were based on mere conjecture; and (2) finding that Higgins lacked standing, as Higgins failed to allege sufficient allegations of harm. View "In re Application A-18503" on Justia Law