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HOWELL v. RICCI

No. 49127.

197 P.3d 1044 (2008)

Michael T. HOWELL and Cheri A. Howell, Appellants, v. Hugh RICCI, P.E., State Engineer, Division of Water Resources, Department of Conservation and Natural Resources; Metropolis Water Irrigation District, A Political Subdivision of the State of Nevada; and Pacific Reclamation Water Company, A Nevada Corporation, Respondents.

Supreme Court of Nevada.

December 24, 2008.

Attorney(s) appearing for the Case

Wilson Barrows & Salyer, and Stewart R. Wilson, Elko, for Appellants.

Catherine Cortez Masto, Attorney General, and Bryan L. Stockton, Deputy Attorney General, Carson City, for Respondent Hugh Ricci, P.E., State Engineer.

Goicoechea, Di Grazia, Coyle & Stanton, Ltd., and David M. Stanton, Elko, for Respondents Metropolis Water Irrigation District and Pacific Reclamation Water Company.

BEFORE THE COURT EN BANC.

OPINION

By the Court, HARDESTY, J.:

This appeal arises from a district court order that denied appellants' petition for a writ of mandamus or judicial review, challenging the State Engineer's refusal to adjudicate title to certain water rights. In resolving this case, we consider what constitutes a State Engineer decision subject to review and whether a petition for extraordinary relief is the proper procedural mechanism to review such decisions....

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