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Transbasin Diversion

PLATTE RIVER TO REPUBLICAN RIVER TRANSBASIN DIVERSION

APPLICATION A-19594

Filed by The Central Nebraska Public Power and Irrigation District (CNPPID) and

the Platte Republican Diversion (PRD) Interlocal Agreement Partners

SUMMARY OF CONTESTED CASE PROCEEDINGS

 

8/16/2018     Comment Letters were received.
8/16/2018   Seven objections were filed by this date.  Objectors are North Platte Natural Resources District (NPNRD), Nebraska Public Power District (NPPD), Cozad Ditch Company Loup River Public Power District, Central Platte Natural Resources District (CPNRD), Lower Loup Natural Resources District (LLNRD), and Audubon Society dba Audubon Nebraska.
8/27/2018   Department issued a Notice of Objections and Requests for Hearing.  Due date for response is September 26, 2018.
9/26/2018   Applicants filed a Motion to Dismiss Objections and Requests for Hearing.
9/28/2018   Department issued an Order to Respond to Motion to Dismiss Objections and Requests for Hearing.  Response date for Objectors is October 31, 2018, and final response by Applicants is November 30, 2018.
10/4/2018   Applicants and Objectors filed a Joint Stipulation and Motion for Extension of Deadlines set forth in the Order to Respond to Motion to Dismiss Objections and Requests for Hearing.
10/5/2018   Department issued an Order Granting Continuance.  Due date for Objectors response is now November 30, 2018, and Applicants final response is due January 31, 2019.
11/30/2018   All Objectors filed responses.
1/31/2019   Applicants filed a final response.
3/8/2019   Department issued a Notice listing documents that the Department intended to offer and enter into the record under the provisions of Neb. Rev. Stat. § 84-914(3).  Objectors and Applicants have until April 30, 2019, to review the documents and file objections to the Department’s action. 
5/22/2019   Order to Show Cause why application shouldn't be dismissed on its face. Hearing on Show Cause Order scheduled for June 28, 2019.
6/28/2019   Hearing held. Applicants and Objectors have until August 30, 2019, to file briefs.
2/26/2020  

Department issued an Order stating:

  1. Central Nebraska Public Power and Irrigation District is hereby DISMISSED as an applicant under Application A-19594.
  2. The remaining applicant, PRD, shall have up to 120 days from the date of this Order to:
    • File an amended application in the name of "Platte to Republican Basin High Flow Diversion Project" to be consistent with the interlocal agreement.
    • File a new water service agreement that allows PRD use Central's facilities and that PRD will be the owner of the appropriation.
    • If PRD intends to use storage facilities for the project, PRD shall consult with the Department on additional applications for storage and storage use.

If the Department does not receive the foregoing within 120 days from the date of this Order, Application A-19594 will be dismissed.

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