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STATE, DEPT OF CONSERVATION v. FOLEY

No. 40940.

109 P.3d 760 (2005)

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, DIVISION OF WATER RESOURCES, A Political Subdivision of the State of Nevada, Appellant, v. Denise C. FOLEY; Charles F. Foley; and Louis C. Foster, Respondents.

Supreme Court of Nevada.

April 14, 2005.

Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, and Michael L. Wolz, Deputy Attorney General, Carson City, for Appellant.

R. Nathan Gibbs, Las Vegas; Kelleher & Kelleher, LLC, and John T. Kelleher, Las Vegas, for Respondents.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

HARDESTY, J.

This appeal raises questions of interpretation of the statutory scheme under which the appellant, the Nevada Department of Conservation and Natural Resources, Division of Water Resources (the Division),1 regulates water rights held by Nevada landowners. Because of Nevada's arid geography, vital public policy considerations dictate that the Division, through the State Engineer, monitor the beneficial...

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