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MINERAL COUNTY v. STATE, DEPT. OF CONSERV.

No. 36352.

20 P.3d 800 (2001)

MINERAL COUNTY, a Political Subdivision of the State of Nevada; and the Walker Lake Working Group, Petitioners, v. STATE of Nevada, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, an Agency of the State of Nevada; Peter Morros, Director of the Department of Conservation and Natural Resources; R. Michael Turnipseed, State Engineer; Walker River Irrigation District, a Nevada Irrigation District; Lyon County and the City of Yerington, Political Subdivisions of the State of Nevada, Respondents.

Supreme Court of Nevada.

April 11, 2001.

Attorney(s) appearing for the Case

Campbell & Stone, Reno; Western Environmental Law Center and Marc David Fink and Michael Dana Axline, Eugene, Oregon, for Petitioners.

Frankie Sue Del Papa, Attorney General, and Paul G. Taggart and William J. Frey, Deputies Attorney General, Carson City, for Respondents State of Nevada, Department of Conservation and Natural Resources; Peter Morros, Director of Department of Conservation and Natural Resources; and R. Michael Turnipseed, State Engineer.

George N. Benesch, Reno, for Respondent Lyon County.

Brooke Shaw Plimpton Zumpft, Minden, for Respondent City of Yerington.

Woodburn & Wedge and Gordon H. DePaoli, Reno, for Respondent Walker River Irrigation District.

Mackedon & McCormick, Fallon, for Amicus Curiae City of Fallon.

Allison MacKenzie Hartman Soumbeniotis & Russell and Karen A. Peterson and Christopher F. MacKenzie, Carson City, for Amicus Curiae Humboldt River Basin Water Authority.

Stanley H. Brown, Jr., Reno; Herum Crabtree Brown and Jeanne Zolezzi, Jennifer L. Spaletta and James Belford Brown, Stockton, California, for Amicus Curiae Town of Walker Lake.

BEFORE THE COURT EN BANC.

OPINION

YOUNG, J.:

This is an original proceeding brought by Mineral County and the Walker Lake Working Group (collectively "Petitioners") against the State of Nevada, the Nevada Department of Conservation and Natural Resources and its Director, and the State Engineer (collectively "Respondents"). During the pendency of the briefing schedule in this case, Walker River Irrigation District ("WRID"), Lyon County, and the City of Yerington successfully...

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