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CITY OF LINCOLN v. CPNRD

No. S-00-1076.

638 N.W.2d 839 (2002)

263 Neb. 141

CITY OF LINCOLN, Appellee, v. CENTRAL PLATTE NATURAL RESOURCES DISTRICT et al., Appellees, and County of Saunders, Appellant, Application A-17312 of City of Lincoln.

Supreme Court of Nebraska.

February 8, 2002.

Attorney(s) appearing for the Case

Thomas S. Jaudzemis, Saunders County Attorney, and Grant A. Porter for appellant.

Dana W. Roper, Lincoln City Attorney, and Steven Huggenberger, Lincoln, for appellee City of Lincoln.

James E. Doyle IV, of Cook, Wightman & Doyle, Lexington, for appellee Central Platte Natural Resources District.

Michael C. Klein, of Anderson, Klein, Peterson & Swan, Holdrege, for appellee Central Nebraska Public Power and Irrigation District.

Lawrence Raful, Creighton University School of Law, amicus curiae.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

On September 9, 1993, the City of Lincoln filed an application for a permit to appropriate flows of the Platte River for induced ground water recharge. On September 23, 1999, Saunders County filed an "Objection and Request for Hearing" and prayed to become a party to the proceedings. The director of the Department of Natural Resources (Department) subsequently denied Saunders County's request to become a party. Saunders County appeals...

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