STATE v. SUSTACHA

No. 22361.

826 P.2d 959 (1992)

The STATE of Nevada, State Engineer, and Water Commissioners of the Humboldt Water Distribution District, Appellants, v. John SUSTACHA and Joan Sustacha, Respondents.

Supreme Court of Nevada.

March 5, 1992.


Attorney(s) appearing for the Case

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

Marvel & Hansen, Elko, for respondents.


OPINION

PER CURIAM:

In 1930 and 1935, the Sixth Judicial District Court entered two decrees that adjudicated rights to the water in the Humboldt River and its tributaries (the "Humboldt Stream System"). These decrees are collectively referred to as the "Humboldt Decree." The respondents, Joan and John Sustacha ("Sustachas") own water rights adjudicated by this decree.

In 1956, the Fourth Judicial District Court entered a judgment requiring the Humboldt...

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