In re Application A-19594

Summary

The Nebraska Supreme Court affirmed the dismissal of all objections to an application for an interbasin transfer of excess surface water because none of the objectors alleged a concrete, particularized injury sufficient to establish common-law standing. The court held that the Department’s regulations and applicable statutes require common-law standing rather than independently conferring broader standing, and that the proposed condition making the appropriation perpetually junior to all Platte River Basin appropriations was central to the standing analysis. The court also upheld the director’s limited reliance on prior permits as competent and relevant evidence.