Department of Natural Resources v. Bose

Summary

The Nebraska Supreme Court affirmed the Department of Natural Resources’ cancellation of water appropriation A-4924 for nonuse for more than three consecutive years. The court held that the hearing notice satisfied statutory requirements, the verified field investigation report supported the Department’s finding, and the landowners failed to establish sufficient cause for nonuse.

Holdings

1. The Department's notice adequately stated the issues to be addressed at the hearing and included the information required by Neb. Rev. Stat. § 46-229.02.
2. The Department's finding that appropriation A-4924 had not been used for more than three consecutive years was supported by competent and relevant evidence and was not arbitrary, capricious, or unreasonable.
3. An agency factual determination is upheld when supported by competent and relevant evidence and when it is not arbitrary, capricious, or unreasonable.
4. The Boses did not establish sufficient cause for nonuse under § 46-229.04(3)(c) or (e).

Questions Presented

1. Whether the Department's hearing notice adequately stated the issues involved and included the information required by Neb. Rev. Stat. § 46-229.02.
2. Whether the Department's finding that appropriation A-4924 had not been used for more than three consecutive years was supported by competent and relevant evidence and was not arbitrary, capricious, or unreasonable.
3. Whether the Boses established sufficient cause for nonuse under Neb. Rev. Stat. § 46-229.04(3)(c) or (e).

Disposition

affirmed