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Koch v. Aupperle

Nebraska Supreme Court
737 N.W.2d 869 (2007)


Facts

Ronald and Mary Ann Aupperle (defendants) began building a dam, for the purposes of creating a pond on their property along the banks of a tributary of a creek. Loren Koch (plaintiff), an adjacent landowner, used the downstream water of the tributary to source a pond on his own property, which he used for watering cattle. Koch had created the pond by damming the tributary in 1989. Koch brought suit against the Aupperles, seeking to enjoin construction of the dam, contending that their dam would interfere with the tributary source of water for his pond, preventing his use of the water. The district court issued the injunction, finding that Koch had priority of appropriation of the creek water based on the 1989 construction of his dam. The Aupperles appealed.

Rule of Law

Issue

Holding and Reasoning (Stephan, J.)

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