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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

Click to View Amended Application A-19594

SUMMARY OF CONTESTED CASE PROCEEDINGS

 

August 16, 2018     Comment Letters were received.
August 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.
August 27, 2018   Department issued a Notice of Objections and Requests for Hearing.  Due date for response is September 26, 2018.
 September 26, 2018    Applicants filed a Motion to Dismiss Objections and Requests for Hearing.
September 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.
October 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.
October 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.
November 30, 2018   All Objectors filed responses.
January 31, 2019   Applicants filed a final response.
March 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. 
May 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.
June 28, 2019   Hearing held. Applicants and Objectors have until August 30, 2019, to file briefs.
February 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.

October 29, 2020   Department issued a Notice and Case Progression Order.  Click to view Document
April 2, 2021  

Department issued a Briefing Schedule and Notice of Hearing. Click to View Document

July 19, 2021  

A-19594 Hearing on the Platte to Republican Basin High Flow Diversion Project's (Applicant) Motion to Dismiss Objections and Requests for Hearing.

December 12, 2022  

A-19594 Order on the Platte to Republican Basin High Flow Diversion Project's (Applicant) Motion to Dismiss Objections and Requests for Hearing. Click to View Document

January 23, 2023   Order granting Objectors' Joint Motion to Stay Case and Deadlines Pending Appeal. The case is hereby stayed for ninety (90) days pending a status conference. Click to View Document
August 29, 2023   Nebraska Supreme Court oral argument held.
October 6, 2023  

Nebraska Supreme Court issued Supreme Court Opinion No. S-23-028, In re Application A-19594, Water Division1-A, 1-B on October 6, 2023, affirming the Order of Dismissal issued by the Department dismissing Objections filed by North Platte Natural Resources District, Nebraska Public Power District, Cozad Ditch Company, Loup River Power Public Power District, Central Platte Natural Resources District, Lower Loup Natural Resources District, and Audubon Society.
Click to View Document

April 23, 2024   Department issued a Notice of Public Hearing. Click to View Document
May 23, 2024   The Department held a hearing to receive public testimony and written comments on Application A-19594. To receive a transcript of the hearing please contact Emily Rose, Legal Counsel at emily.rose@nebraska.gov.

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