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Bamford v. Upper Republican Natural Resources District

245 Neb. 299, 512 N.W.2d 642 (1994)

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Bamford v. Upper Republican Natural Resources District

Nebraska Supreme Court
245 Neb. 299, 512 N.W.2d 642 (1994)

Facts

The State Director of Water Resources (DWR) designated the areas involved in the litigation as a groundwater control area under state law. The DWR designates a location of a control area after evaluating relevant information and data. The DWR determines whether there would be an inadequate ground water supply to meet the present or reasonably foreseeable need for beneficial use of such water supply. The DWR also evaluates whether the quality of the water supply would deteriorate to the point that it would become unsuitable for the present purposes for which it is being utilized. Bamford (plaintiff) attempted to demonstrate that the supply of water was sufficient for all users. Bamford also attempted to build a case for a takings claim. The evidence did not demonstrate that Bamford was deprived of all economic use of the land. Upper Republican Natural Resources District (district) (defendant) ordered Bamford to cease withdrawing groundwater from irrigation wells. Bamford sued the district. The court rejected Bamford’s attempt to offer evidence that the supply of water was sufficient to supply all users.

Rule of Law

Issue

Holding and Reasoning (Boslaugh, J.)

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