Protecting Public Values in the Platte River

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Authors

Pearson, Eric
Aiken, J. David

Issue Date

1987

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20

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INTRODUCTION|In Little Blue Natural Resources District v. Lower Platte NorthNatural Resources District ("Little Blue I'), a 1980 case dealing with the proposed transfer of Platte River water by the Catherland Irrigation Project to the Blue River basin, the Nebraska Supreme Court ruled that, for the first time in almost half a century, interbasin transfers of surface water were legal in Nebraska. Prior to Little Blue I, the 1936 Osterman v. Central Nebraska Public Power & Irrigation District decision had prohibited interbasin transfers. That prohibition had frustrated large-scale water development, limiting water use controversies to a scale decidedly more local and defined. Instream water uses for fish, wildlife and recreation, moreover, had not yet become a direct legal threat to Platte basin irrigation developers, although this too would change...

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20 Creighton L. Rev. 361 (1986-1987)

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Creighton University School of Law

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