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BENSON v. STATE ENGINEER

No. 65833.

358 P.3d 221 (2015)

Patti E. BENSON, Appellant, v. STATE ENGINEER of the State of Nevada, Office of the State Engineer; and Division of Water Resources, Department of Conservation and Natural Resources, Respondents.

Supreme Court of Nevada.

September 24, 2015.

Attorney(s) appearing for the Case

Schroeder Law Offices, P.C., and Laura A. Schroeder , Therese A. Ure , and Matthew J. Curti , Reno, for Appellant.

Adam Paul Laxalt , Attorney General, and Jerry M. Snyder , Senior Deputy Attorney General, Carson City, for Respondents.

Before the Court En Banc.

OPINION

The question presented in this appeal is whether a party aggrieved by the cancellation of her water permit must exhaust administrative remedies with the State Engineer when the State Engineer is not statutorily authorized to provide the party's preferred remedy. We hold that NRS 533.395(2) requires...

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