EUREKA COUNTY v. SEVENTH JUD. DIST. COURT

No. 72317.

407 P.3d 755 (2017)

133 Nev.Adv.Opn. 111

EUREKA COUNTY; Diamond Natural Resources Protection & Conservation Association; Jason King, P.E., Nevada State Engineer, Division of Water Resources, Department of Conservation and Natural Resources; Baumann Family Trust; Burnham Farms, LLC; Galen Byler; Marian Byler; Conley Land & Livestock, LLC; Damele Farms, Inc.; Diamond Valley Hay Company, Inc.; Fred L. Etchegaray; John J. Etchegaray; Mary Jean Etchegaray; LW & MJ Etchegaray Family Trust; Eureka Management Co., Inc.; Gallagher Farms LLC; Jayme L. Halpin; Sandi Halpin; Tim Halpin; High Desert Hay, LLC; J&T Farms, LLC; J.W.L. Properties, LLC; Mark Moyle Farms LLC; J.R. Martin Trust; Cheryl Morrison; Matt Morrison; Debra L. Newton; William H. Norton; Patricia Norton; D.F. & E.M. Palmore Family Trust; Stewardship Farming, LLC; Scott Bell; Kristina Bell; Don Bergner; Linda Bergner; James Etcheverry; Michel and Margaret Ann Etcheverry Family Limited Partnership; Mark T. and Jennifer R. Etcheverry Family Trust; Martin P. and Kathleen A. Etcheverry Family Trust; Lavon Miller; Kristi Miller; Lynford Miller; Susan Miller; Alberta Morrison; and Donald Morrison, Petitioners, v. The SEVENTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF EUREKA; and the Honorable Gary Fairman, District Judge, Respondents, and Sadler Ranch, LLC; Roger Allen; and Judith Allen, Real Parties in Interest.

Supreme Court of Nevada.

FILED December 28, 2017.


Attorney(s) appearing for the Case

Theodore Beutel , District Attorney, Eureka County; Allison MacKenzie, Ltd., and Karen A. Peterson and Willis M. Wagner , Carson City, for Petitioner Eureka County.

Adam Paul Laxalt , Attorney General, and Justina A. Caviglia , Deputy Attorney General, Carson City, for Petitioner Jason King, P.E.

McDonald Carano Wilson LLP and Debbie A. Leonard and Michael A.T. Pagni , Reno, for Petitioners.

Parsons Behle & Latimer and Robert W. Marshall and Gregory H. Morrison , Reno, for Real Parties in Interest Roger Allen and Judith Allen.

Taggart & Taggart, Ltd., and David H. Rigdon , Paul G. Taggart , and Rachel L. Wise , Carson City, for Real Party in Interest Sadler Ranch, LLC.

BEFORE HARDESTY, PARRAGUIRRE and STIGLICH, JJ.


OPINION

Water in Diamond Valley, Nevada, is over-appropriated and has been pumped at a rate exceeding its perennial yield for over four decades. In 2014, the Office of the State Engineer found that groundwater levels in southern Diamond Valley had fallen over...

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