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EUREKA CNTY v. STATE ENGINEER

Nos. 61324, 63258.

359 P.3d 1114 (2015)

EUREKA COUNTY, A Political Subdivision of the State of Nevada; Kenneth F. Benson, Individually; Diamond Cattle Company, LLC, A Nevada Limited Liability Company; and Michel and Margaret Ann Etcheverry Family, LP, A Nevada Registered Foreign Limited Partnership, Appellants, v. The STATE of Nevada State ENGINEER; The State of Nevada Division of Water Resources; and Kobeh Valley Ranch, LLC, A Nevada Limited Liability Company, Respondents. Michel and Margaret Ann Etcheverry Family, LP, A Nevada Registered Foreign Limited Partnership; Diamond Cattle Company, LLC, A Nevada Limited Liability Company; and Kenneth F. Benson, An Individual, Appellants, v. State Engineer of Nevada, Office of the State Engineer, Department of Conservation and Natural Resources; and Kobeh Valley Ranch, LLC, A Nevada Limited Liability Company, Respondents.

Supreme Court of Nevada.

October 29, 2015.

Attorney(s) appearing for the Case

Allison, MacKenzie, Ltd., and Karen A. Peterson , Jennifer Mahe , and Dawn Ellerbrock , Carson City; Theodore Beutel , District Attorney, Eureka County, for Appellant Eureka County.

Schroeder Law Offices, P.C., and Laura A. Schroeder and Therese A. Ure , Reno, for Appellants Kenneth F. Benson; Diamond Cattle Company, LLC; and Michel and Margaret Ann Etcheverry Family, LP.

Adam Paul Laxalt , Attorney General, and Micheline N. Fairbank , Senior Deputy Attorney General, Carson City, for Respondents the State of Nevada Division of Water Resources and the State Engineer.

Parsons Behle & Latimer and Ross E. de Lipkau and John R. Zimmerman , Reno; Parsons Behle & Latimer and Francis M. Wikstrom , Salt Lake City, Utah, for Respondent Kobeh Valley Ranch, LLC.

Dyer, Lawrence, Flaherty, Donaldson & Prunty and Francis C. Flaherty , Carson City, for Amicus Curiae NV Energy, Inc.

Lewis Roca Rothgerber, LLP, and Daniel F. Polsenberg , Las Vegas; Taggart & Taggart, Ltd., and Paul G. Taggart , Carson City; Gregory J. Walch and Dana R. Walsh , Las Vegas, for Amici Curiae Municipal Water Purveyors.

Before the Court En Banc.

OPINION1

These consolidated appeals challenge the district court's orders denying judicial review of the State Water Engineer's decisions affecting water rights. Under NRS 533.370(2), the State Engineer "shall reject" an application for a proposed use of water or change of...

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