Koch v. Aupperle
Nebraska Supreme Court
737 N.W.2d 869 (2007)
Relevant factsFree
Ronald and Mary Ann Aupperle (defendants) began building a dam on their property to create a pond, drawing from a tributary of a creek. Loren Koch (plaintiff), a downstream landowner, had dammed the same tributary in 1989 to create his own pond for watering cattle. Koch sued to enjoin the Aupperles' dam, arguing it would cut off the water source for his pond. The district court granted the injunction, finding Koch had priority based on his 1989 dam. The Aupperles appealed.
IssueFree
Whether, under the common law, a holder of riparian rights could use water in a way that would unreasonably interfere with the correlative rights of another riparian rights holder.
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