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WSP12193
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Last modified
1/26/2010 3:20:13 PM
Creation date
10/12/2006 5:25:53 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407
Description
Platte River Basin - River Basin General Publications
State
CO
Basin
South Platte
Water Division
1
Date
9/1/1975
Author
Missouri River Basin
Title
Draft Report on the Platte River Basin - Nebraska - Level B Study
Water Supply Pro - Doc Type
Report/Study
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<br /> <br />authority provides a means for superior use to interfere with a <br /> <br /> <br />prior appropriation for an inferior use. This procedure of ac- <br /> <br /> <br />quisition is an exercise of the power of eminent domain. Accompany- <br /> <br /> <br />ing this power, however, is the obligation to compensate the <br /> <br /> <br />deprived party. In Nebraska, domestic uses have preference over <br /> <br /> <br />all other uses and agricultural uses have preference over manu- <br /> <br /> <br />facturing uses and the generation of electric power. <br /> <br /> <br />Relative Status of Riparian and Appropriative Rights. Conflict- <br /> <br /> <br />ing claims as to the better right in law between appropriators <br /> <br /> <br />seeking water for the same purpose, and hence not subject to the <br /> <br /> <br />Preference System, are subject to the principle that first in time <br /> <br /> <br />is first in right. <br /> <br /> <br />Between riparians, the common-law doctrine of reasonable use <br /> <br /> <br />governs, their relative rights to the water. <br /> <br /> <br />Between a riparian and an appropriator, early Nebraska court <br /> <br /> <br />decisions found for the superiority of the appropriator. In 1966, <br /> <br /> <br />however, the courts laid down a different ruling. It appears <br /> <br /> <br />that hereafter the Court intends to consider and decide water right <br /> <br /> <br />disputes between riparians and appropriators on the basis of equity, <br /> <br /> <br />having now recognized that both sides possess equally protected <br /> <br /> <br />interests. Since the preference system applies only to appropri- <br /> <br /> <br />ators, riparians may seek the protection of equitable remedy <br /> <br /> <br />regardless of the contesting use. <br /> <br /> <br />Inter-basin Water Transfers. Although inter-basin water <br /> <br /> <br />transfers in Nebraska have been allowed, it is not clear what <br /> <br /> <br />circumstances will assure the legality of further attempts in the <br /> <br /> <br />future. The two Nebraska statutes of special interest do not ex- <br /> <br /> <br />plicitly prohibit inter-basin transfers, but they do present <br /> <br />2-36 <br />
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