Spear T Ranch, Inc. v. Knaub
Nebraska Supreme Court
691 N.W.2d 116 (2005)
Adjacent landowner Knaub (defendant) pumped groundwater in a way that significantly depleted a nearby creek's water supply, allegedly depriving Spear T Ranch (plaintiff) of surface water it used for irrigation and livestock; the trial court dismissed Spear T's trespass and conversion claims for lack of subject matter jurisdiction and failure to state a claim, reasoning Spear T had only a right to use surface water, not a property interest supporting such claims.
Whether, in Nebraska, a landowner is entitled to the reasonable use of ground water from the land unless the use has a direct and substantial effect upon a watercourse or lake and unreasonably causes harm to a person entitled to use the water.