STATE LANDS: Coal leases EIS properly deferred pending specific proposal… Hegel affirmed. [Read more…]
Water, municipal use change, “historic information,”
WATER: DNRC entitled to pre-73 “historic information” in Town’s application for changed uses, but no more than necessary for statutory requirements… incomplete application not ripe for review… J. Brown affirmed. [Read more…]
Water, erosion dams, intent to appropriate
WATER: While purpose at time of diversion was erosion control, application evinces intent to appropriate water channeled through Defendants’ property for beneficial uses (stock watering, fish/wildlife, recreation), pond evaporation loss also an appropriation, Defendants had [Read more…]
Water, failure to apprise of need to file exceptions
WATER: DNRC Proposal for Decision, Final Order failed to clearly inform applicant of need to file exceptions prior to judicial review… properly remanded for opportunity to file exceptions… Swandal affirmed (IOR I-3(d)(v)). [Read more…]
Water, untimely permit processing
WATER: DNRC failed to uphold duty to process permit application within timeframes, but mandamus not available until applicant proves criteria satisfied, improperly issued… J. Brown reversed. [Read more…]