NEVADA STATE ENGINEER v. EUREKA COUNTY

No. 70157.

402 P.3d 1249 (2017)

133 Nev.Adv.Opn. 71

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

Supreme Court of Nevada.

FILED September 27, 2017.


Attorney(s) appearing for the Case

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

Taggart & Taggart, Ltd., and Paul G. Taggart and David H. Rigdon , Carson City; Parsons Behle & Latimer and Ross E. de Lipkau and Gregory H. Morrison , Reno, and Francis M. Wikstrom , Salt Lake City, Utah, for Appellant Kobeh Valley Ranch, LLC.

Allison MacKenzie, Ltd., and Karen A. Peterson , Dawn Ellerbrock , and Kyle A. Winter , Carson City; Theodore Beutel , District Attorney, Eureka County, for Respondent Eureka County.

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

BEFORE THE COURT EN BANC.


OPINION

We previously determined in Eureka County v. State Engineer (Eureka I), 131 Nev. ___, 359 P.3d 1114 (2015), that the State Engineer failed to rely upon substantial evidence in finding that Kobeh Valley Ranch, LLC (KVR) would be able to mitigate conflicts...

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