Legal Opinion
In re Application of Collins
Nebraska Supreme Court
Decided July 11, 2014No. S-13-1020PublishedCited by 4 opinions
1Opinion of the Court
Nebraska Advance Sheets IN RE APPLICATION OF COLLINS 519 Cite as
288 Neb. 519
NPPD’s subordination agreements did not affect NPPD’s right to demand the water from other users. The majority opinion rejects the junior appropriators’ argu- ment that permitting NPPD to demand the water from them constituted a recovery of both money and water for loss of the same appropriation right. It reasons that if a “junior appropria- tor is allowed to use water because of a subordination agree- ment, the senior appropriator is not receiving that to which it is otherwise entitled.” I disagree. This reasoning is…
2Cases cited4 opinions
- Clear Springs Foods, Inc. v. SpackmanIdaho Supreme Court · 2011
- Genetti v. Catterpillar, Inc.Nebraska Supreme Court · 2001
- Lane v. Bar Commission of the Nebraska State Bar Ass'nNebraska Supreme Court · 1996
- In Re HartmannNebraska Supreme Court · 2008
3Cited by4 opinions
- In re Application of McDonnellNebraska Supreme Court · 2018
- In re 2007 Appropriations of Niobrara River WatersNebraska Supreme Court · 2014
- In re Appeal of Z.H.Nebraska Supreme Court · 2022
- In re Application of McDonnellNebraska Supreme Court · 2018