In re Petition of Anonymous 5

Nebraska Advance Sheets 640 286 NEBRASKA REPORTS appropriation application. But standing is determined as it exists when the litigation is commenced.49 So to hold that existing appropriators do not have standing to object to an appropriation application effectively ensures that no one has standing to object because no appropriator junior to the appli- cation will normally exist. Because the Department’s actions affect so many lives and livelihoods, I believe this result is a mistake. The major- ity’s holding will allow the Department to act with impunity because its grant of new…