STATE v. MORROS

No. 18105.

766 P.2d 263 (1988)

The STATE of Nevada; Nevada State Board of Agriculture, Appellants, v. Peter G. MORROS, State Engineer, Nevada Division of Water Resources; United States of America, on Behalf of the Bureau of Land Management, Department of the Interior; Nevada Wildlife Federation and Sierra Club, Respondents. Peter G. MORROS, State Engineer, Nevada Division of Water Resources; United States of America, on Behalf of the Bureau of Land Management, Department of the Interior and the United States Forest Service, Department of Agriculture; Nevada Wildlife Federation and Sierra Club, Cross-Appellants, v. The STATE of Nevada; Nevada State Board of Agriculture; James J. Wright; Smith Brothers' Ox Ranch; Wm. Max Spratling; W.E. Rouse; Warm Creek Ranch; Elko County, a political subdivision of the State of Nevada; Mountain States Legal Foundation; Nevada Woolgrowers Association; Nevada Cattlemen's Association and Humboldt County, a political subdivision of the State of Nevada, Cross-Respondents.

Supreme Court of Nevada.

December 21, 1988.


Attorney(s) appearing for the Case

Brian McKay, Atty. Gen., and Harry W. Swainston, Deputy Atty. Gen., Carson City, for appellants/cross-respondents State of Nev. and Nevada State Bd. of Agriculture.

Christopher H. Meyer, Boulder, for respondent/cross-appellant Nevada Wildlife Federation.

Hill, Cassas, de Lipkau & Erwin, Reno, for respondent/cross-appellant Peter G. Morros, State Engineer.

Robert L. Klarquist, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for respondent/cross-appellant U.S.

David A. Hornbeck, Reno, for respondents/cross-appellants Nevada Wildlife Federation and Sierra Club.

Laurens H. Silver, San Francisco, Cal., for respondent/cross-appellant Sierra Club.

Jones, Jones, Close & Brown and Charles McCrea, Las Vegas, P. Michael Marfisi, Elko, and Eric Twelker, Denver, Colo., for cross-respondent Mountain States Legal Foundation.

Wilson & Barrows, Elko, for cross-respondents James J. Wright, Smith Bros.' Ox Ranch, Wm. Max Spratling, W.E. Rouse, Warm Creek Ranch, Nevada Woolgrowers Ass'n, and Nevada Cattlemen's Ass'n.

Mark D. Torvinen, Dist. Atty., Elko, for cross-respondent Elko County.

Jack T. Bullock, Dist. Atty., Winnemucca, for cross-respondent Humboldt County.


OPINION

PER CURIAM:

This is an appeal from an order of the district court affirming the Nevada State Engineer's grant of an application by the United States for a water right and a cross-appeal from the district court's order reversing the state engineer's grant of applications by the United States for certain other water rights.

STATEMENT OF FACTS

In a ruling issued on July 26, 1985, the Nevada State Engineer issued a ruling granting a...

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