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EUREKA v. OFFICE OF STATE ENGINEER OF NEV.

No. 21908.

826 P.2d 948 (1992)

TOWN OF EUREKA, an unincorporated town, Appellant, v. The OFFICE OF THE STATE ENGINEER OF the STATE OF NEVADA, DIVISION OF WATER RESOURCES, Peter G. Morros, State Engineer, Respondent.

Supreme Court of Nevada.

February 20, 1992.

Attorney(s) appearing for the Case

Allison, MacKenzie, Hartman, Soumbeniotis & Russel and Dan Saxon and Karen Peterson, Carson City, for appellant

Frankie Sue Del Papa, Atty. Gen., Margaret A. Twedt, Deputy Atty. Gen., Carson City, for respondent.

Woodburn, Wedge, & Jeppson and Gordon H. Depaoli, Reno, for amicus.

OPINION

PER CURIAM:

During the past few years, the town of Eureka (the Town) has undergone a decline in the yield of water from its springs and wells. In January, 1988, because the Town's need for municipal water had increased, Eureka County purchased water rights from the Farmers Home Administration and drilled test wells. One of the test wells indicated enough water was available to satisfy the Town's needs. In July, 1989, Eureka County transferred the...

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