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UNITED STATES v. STATE ENGINEER

No. 32740.

27 P.3d 51 (2001)

UNITED STATES of America, Appellant, v. STATE ENGINEER, State of Nevada, Respondent.

Supreme Court of Nevada.

July 24, 2001.

Attorney(s) appearing for the Case

United States Department of Justice, Environment and Natural Resources Division, and Andrew C. Mergen, and Stephen G. Bartell, Washington, D.C., for Appellant.

Frankie Sue Del Papa, Attorney General, Marta A. Adams, Deputy Attorney General, Carson City, for Respondent.

Allison, MacKenzie, Hartman, Soumbeniotis & Russell, Karen A. Peterson, Carson City, for Amici Curiae Eureka County and Humboldt River Basin Water Authority.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

This appeal requires us to examine the scope and constitutionality of NRS 533.503, which regulates the issuance of state water appropriation permits that allow livestock to be watered on public lands. Respondent, State Engineer, State of Nevada (State Engineer), denied nine applications filed by the United States Department of the Interior, Bureau of Land Management (BLM), for stockwater...

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