S-14-0906 In Re Appropriation A-7603, Water Division 2-A, Broken Bar Nine Living Trust (Appellant) v. Nebraska Department of Natural Resources
Nebraska Department of Natural Resources, Acting Director James Schneider
Attorneys: Jovan W. Lausterer (Bromm, Lindahl, Freeman-Caddy & Lausterer) --- Doug Peterson, Justin Lavene & Emily Rose (Attorney General’s Office)
Civil: Order of cancellation of water appropriation
Proceedings below: The Nebraska Department of Natural Resources entered an order of cancellation upholding an earlier preliminary determination of non-irrigation.
Issues: The DNR erred in 1) the cancellation of Appropriation A-7603 as such cancellation was inconsistent with the Nebraska Constitution, statutes, and case law, 2) finding that the Appellant did not qualify for a stay due to a showing of insufficient cause under Neb. Rev. Stat. § 46-299.04(4), and 3) failing to consider the fiduciary responsibilities of a trustee under the Uniform Trust Code as a sufficient cause under Neb. Rev. Stat. § 46-299.04(4).