Wednesday, June 2, 2021 - Las Vegas - Full Court

DIAMOND NAT. RES. PROT. AND CONSERVATION ASS'N VS. DIAMOND VALLEY RANCH, LLC
Docket Number: 81224
Las Vegas - 9:30 AM - Full Court

This is an appeal from a district court order granting petitions for judicial review in a water-law matter. The State Engineer, under NRS 534.037 and NRS 534.110(7), approved a groundwater-management plan for the Diamond Valley Basin as Order 1302. Pursuant to a petition for judicial review, the district court concluded that Order 1302 violated provisions of Nevada law, including the prior appropriation doctrine, vested surface-water rights, the beneficial use statute, and permitting statutes.

ISSUES:

The appellants contend that the district court erroneously granted the respondents’ petition for judicial review because (1) NRS 534.037 and NRS 534.110 allow a groundwater-management plan to deviate from the doctrine of prior appropriation, (2) the groundwater-management plan need not account for vested surface water rights, (3) the groundwater-management plan did not violate the beneficial use statute, (4) Order 1302 did not violate permitting statutes, and (5) the district court considered evidence outside of the record.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do