Frenchman-Cambridge Irrigation District v. Nebraska Department of Natural Resources

Summary

The Nebraska Supreme Court reviewed a challenge to integrated management plans governing groundwater pumping in the Republican River Basin. The court held that Frenchman-Cambridge Irrigation District had not established an injury in fact because the plans did not themselves implement water-use controls, and subsequent orders would be required. The court therefore concluded that the district lacked standing, vacated the district court’s order, and dismissed the appeal and cross-appeal.

Holdings

1. The irrigation district lacked standing because it did not allege an injury in fact that was actual or imminent. The integrated management plans themselves did not implement groundwater controls or decrease the district's water supply; subsequent orders by the natural resources districts would be required before the alleged injury could occur.
2. The court did not reach the alternative statutory jurisdiction issue because the lack of standing independently resolved the case.
3. Because the irrigation district lacked standing, the district court lacked subject matter jurisdiction; the Nebraska Supreme Court therefore lacked jurisdiction, vacated the district court's order, and dismissed the appeal and cross-appeal.

Questions Presented

1. Whether Frenchman-Cambridge Irrigation District had standing to challenge the integrated management plans.
2. Whether the Nebraska Supreme Court could reach the statutory and constitutional challenges to the integrated management plans after determining that the irrigation district lacked standing.
3. Whether the district court's order should be vacated and the appeal and cross-appeal dismissed for lack of jurisdiction.

Disposition

vacated