Fraser v. Water Rights Commission of the Department of Natural Resource Development

DUNN, Justice.

This action involves the circuit court’s reversal of the Water Rights Commission granting water right permit No. 4405-3 to Carl Estabrook. We affirm.

For the purpose of clarity, the Water Rights Commission shall be designated “Commission”; the staff of the Commission (the Division of Water Rights of the Department of Natural Resources) shall be designated “Division”; and the State Conservation Commission shall be designated “Conservation Commission.”

Carl Estabrook submitted an application to the Commission to appropriate water from the Niobrara Chalk formation in December, 1976.…