Little Blue Natural Resources District v. Lower Platte North Natural Resources District

The present appeal calls upon this court to decide whether transbasin diversion is prohibited by either the Constitution or the laws of the State of Nebraska. While the resolution of that issue is of great importance, the issue necessary to determine that matter is extremely narrow. We believe that a reading of the pertinent sections of both the Nebraska Constitution and the applicable statutes leads us to the inescapable conclusion that transbasin diversion is not prohibited in Nebraska. We must, therefore, reverse and remand this matter to the director of the Department of Water Resources…