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.
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.
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