2020 Nebraska Revised Statutes
Chapter 46 - Irrigation and Regulation of Water
46-750 Appeal; procedure.
46-750. Appeal; procedure.
Any person aggrieved by any order of the district, the Director of Environment and Energy, or the Director of Natural Resources issued pursuant to the Nebraska Ground Water Management and Protection Act may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.
Source
- Laws 1975, LB 577, § 14;
- Laws 1984, LB 1071, § 11;
- Laws 1988, LB 352, § 78;
- R.S.1943, (1993), § 46-669;
- Laws 1996, LB 108, § 72;
- Laws 2000, LB 900, § 218;
- R.S.Supp.,2002, § 46-656.66;
- Laws 2004, LB 962, § 90;
- Laws 2019, LB302, § 44.
Cross References
- Administrative Procedure Act, see section 84-920.
Annotations
In a review de novo on the record, a district court is not limited to a review subject to the narrow criteria found in section 84-917(6)(a), but is required to make independent factual determinations based upon the record and reach its own independent conclusions with respect to the matters at issue. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
Upon an appeal from an order of a natural resources district, a district court reviews the natural resources district's decision de novo on the record of the natural resources district. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
Where a natural resources district held a hearing and received formal proof regarding the merits of a request for a variance, its order denying the variance request was judicial in nature and was appealable to the district court. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
