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Admissions

  • Nebraska, 1987
  • U.S. Supreme Court, 1999
  • U.S. Court of Appeals, District of Columbia Circuit, 2003
  • U.S. Court of Appeals, Eighth Circuit, 2002
  • U.S. Court of Appeals, Eleventh Circuit, 2001
  • U.S. District Court, District of Columbia, 2007
  • U.S. District Court, District of Nebraska, 1987
  • U.S. District Court, District of North Dakota, 2003
  • U.S. District Court, Northern District of Florida, 2006

Education

  • Juris Doctorate, 1987
    University of Nebraska - Lincoln
  • Bachelor of Science, 1983
    Water Resources Management - University of  Nebraska - Lincoln

Publications

  • Spear T Ranch v. Knaub: The Reincarnation of Riparianism in Nebraska Water Law, 38 Creighton L. Rev. 1203, 2005
  • Water and Water Rights, Volume 6, "Nebraska Water Law", The Michie Company, 2005
  • Water and Water Rights, Volume 6, "Nebraska Water Law", The Michie Company, 2007
  • “Ecosystem Protection Versus Immigration: The Coming Conflict”, Great Plains Natural Resources Journal, Fall 2007
  • Water and Water Rights, Volume 6, "Nebraska Water Law", The Michie Company, 2009
  • “Republican River Litigation: Clearing the Waters”, The Nebraska Lawyer, Vol. 13, No. 7, July/August 2010
  • “War and Peace Over the Niobrara River”, The Water Report, Issue #142, December 2015

Speaking Engagements

  • Water Law – Water Regulation, Quality and Use in the Midwest.  November 2002 in Lincoln, Nebraska.
  • Western Water Law.  September 2004 in Denver, Colorado.
  • Renewable Energy. May 2010 in Lincoln, Nebraska.
  • Nebraska Water Law. May 2008 in Lincoln, Nebraska.
  • Nebraska Water Laws and Regulations.  July 2010 in Omaha, Nebraska.
  • Nebraska Water Law.  September 2010 in Lincoln, Nebraska.
  • Eastern Water Resources: Law, Policy and Technology.  May 2004 in Hollywood, Florida.
  • Water Rights, Allocation and Resource Management in Nebraska.  June 2004 in Omaha, Nebraska.
  • Nebraska Water Law.  June 2009 in Lincoln, Nebraska.
  • Greater Platte River Basin Symposium.  October 2010, Lincoln, Nebraska.
  • Spring 2012 Water Seminar Series. April 2012 in Lincoln, Nebraska.
  • University of Nebraska Water Law Conference. 2012-2016.
  • Nebraska's Changing Water Law, NSBA Annual Meeting in Omaha, Nebraska, October 2015.
  • Western South Dakota Hydrology Conference, 2016

Interstate Water Conflict Experience

  • Provided legal counsel to the State of Nebraska concerning the management of the North Platte River in a case before the United States Supreme Court, Nebraska v. Wyoming, No. 108 Original
  • Provided legal counsel to the State of Florida regarding the Apalachicola-Chattahoochee-Flint River litigation, Florida v. Georgia, No. 142 Original
  • Assists City of Memphis, Tennessee regarding interstate ground water conflict with State of Mississippi
  • Provides legal counsel regarding the Republican River Compact litigation involving the States of Colorado and Kansas to the State of Nebraska
  • Provided legal counsel to the State of Nebraska and Nebraska Public Power District concerning the management of the Missouri River in multiple jurisdictions. See South Dakota v. Ubbelohde, 330 F.3d 1014 (8th Cir. 2003), In re Operation of Missouri River System, 421 F.3d 618 (8th Cir. 2005), cert. denied 547 U.S. 1097 (2006)
  • Assisted the State of Florida in drafting an interstate water sharing formula pursuant to the Apalachicola-Chattahoochee-Flint Rivers Compact
  • Provided legal counsel regarding the Blue River Compact to the State of Nebraska

Intrastate Water Conflict Experience

  • Presently provides legal counsel to Natural Resource Districts relative to water management issues in the Platte, Little Blue and Niobrara Rivers Basins.
  • Presently provides legal counsel to various Municipalities regarding water management issues.
  • Presently assists environmental organizations in assessing flow needs.
  • Presently assists various individuals with conflicts concerning competing users.
  • Served as administrative law judge in over 100 hearings concerning water use.
  • Provided legal counsel to Canadian corporation in Arizona general stream adjudication.

Related Activities

  • General Counsel to the Nebraska Department of Water Resources ("NDWR") from 1991 to 1993.
  • Assistant Director and General Counsel to NDWR from 1993 to 1999. Duties included supervision of all NDWR staff, management of NDWR budget, and development and implementation of state water policies and laws.
  • Planning chairman for the 2004 American Bar Association Water Law Conference held in San Diego, California.
  • Chairman of the Nebraska Bar Association's Natural Resources and Environmental Law Section.
  • Frequent lector at water policy conferences and at universities.
2015Don
402-475-7081
don@aqualawyers.com