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Hagan v. Upper Republican Natural Resources Dist.

Citation: 30 ELR 20593
No. No. A-99-374, 610 N.W.2d 751/(Neb. Ct. App., 05/23/2000)

The court reverses and remands a trial court decision that water district residents did not have standing to challenge the district's settlement agreement with hog confinement facility operators. The facility operators had applied for and had been denied water use variances sufficient to operate the facilities on properties owned by them. Subsequently, the district entered settlement agreements with the operators effectively granting them the variance and allowing them to use the groundwater that was the original subject matter of their application for the variance. The court first holds that the residents have standing to challenge the settlement agreements between the district and the operators. As residents and water users in the district at issue, the residents have an interest in protecting the limited water supply under their land. Furthermore, the residents have a corresponding legal interest in the district's allotment of this water in accordance with the required rules.

Counsel for Appellants
Amy Svoboda
Gregory J. Beal & Associates
203 W. Second St., Ogallala NE 69153
(308) 284-4051

Counsel for Appellees
G. Peter Burger
Burger & Bennett
116 W. "E" St., McCook NE 69001
(308) 345-7500

Before Hannon and Inbody, JJ.