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PYRAMID LAKE PAIUTE TRIBE v. RICCI

No. 51603.

245 P.3d 1145 (2010)

PYRAMID LAKE PAIUTE TRIBE OF INDIANS, Appellant, v. Hugh RICCI, State Engineer, State of Nevada, Department of Conservation and Natural Resources; Nevada Land & Resource Company, LLC; and The City of Fernley, Respondents.

Supreme Court of Nevada.

December 16, 2010.

Attorney(s) appearing for the Case

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, and Don Springmeyer and Christopher W. Mixson , Las Vegas, for Appellant.

Catherine Cortez Masto , Attorney General, and Michael L. Wolz , Senior Deputy Attorney General, Carson City, for Respondent Nevada State Engineer.

Allison, MacKenzie, Pavlakis, Wright & Fagan, Ltd., and Karen A. Peterson , Dawn Ellerbrock , and Jennifer Mahe , Carson City, for Respondent Nevada Land & Resource Company.

Taggart & Taggart, Ltd., and Paul G. Taggart and Lynn V. Rivera , Carson City, for Respondent City of Fernley.

Before PARRAGUIRRE, C.J., HARDESTY, DOUGLAS, CHERRY, SAITTA, GIBBONS and PICKERING, JJ.

OPINION

PER CURIAM:

In this appeal, we review the State Engineer's decision to grant Nevada Land and Resource Company, LLC's (NLRC), change application for its water rights in Washoe County's Dodge Flat Hydrologic Basin. In 1980, NLRC obtained permits to appropriate Dodge Flat groundwater for temporary use in a mining and milling project. That project failed to materialize, but NLRC kept its water rights valid and in good standing. Twenty years later...

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