prior appropriation

• Holly Doremus
• November 12, 2011

Junior appropriators can be cut off without a hearing

The Eighth Circuit has rejected a claim by farmers in Nebraska’s Niobrara Watershed that their civil rights were violated when the state’s Department of Natural Resources issued “Closing Notices” ordering them to stop drawing water. The farmers asserted that they were entitled to a due process hearing before the property rights granted by their state-issued …

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