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Irrigators along Neb.'s Niobrara River lose appeal

Story Created: Nov 8, 2011 at 5:00 PM CDT

Story Updated: Nov 8, 2011 at 5:00 PM CDT

OMAHA, Neb. (AP) _ A federal appeals court panel has found that
irrigators along Nebraska's Niobrara River did not have their
rights violated when the state ordered them to shut off their pumps
in 2007.

In a ruling Monday, a three-judge panel of the 8th U.S. Circuit
Court of Appeals upheld a 2010 ruling by U.S. District Judge Lyle
Strom in favor of the Nebraska Department of Natural Resources and
the Nebraska Public Power District.

Strom ruled that the department did not violate the irrigators'
property rights by shutting down their water use to allow the power
district to use its senior water rights to produce electricity.

The appeals panel agreed that while irrigators have property
rights related to water, they are subject to rights of senior users
such as the power district.


(Copyright 2011 by The Associated Press. All Rights Reserved.)

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