In re Appropriation A-7603

The water appropriation in this case was a surface water right to divert a specified volume of water from the North Loup River to “be used for irrigation purposes only.” Appellant held the appropriation and the lands covered by it. The Nebraska Department of Natural Resources (Department) issued a notice of preliminary determination of nonuse of the appropriation to Appellant. The Department cancelled the appropriation in its entirety, concluding that the lands designated under the appropriation had not been irrigation for more than five consecutive years and that Appellant had failed to establish sufficient cause for nonuse. The Supreme Court affirmed the Department’s order of cancellation, holding that Appellant failed to establish sufficient cause to excuse its nonuse of the appropriation and that the Department’s decision was not arbitrary, capricious, or unreasonable. View "In re Appropriation A-7603" on Justia Law