DIAMOND NATURAL RESOURCES PROTECTION & CONSERVATION ASSOCIATION; J&T Farms, LLC; Gallagher Farms LLC; Jeff Lommori; M&C Hay; Conley Land & Livestock, LLC; James Etcheverry; Nick Etcheverry; Tim Halpin; Sandihalpin; Diamond Valley Hay Company, Inc.; Mark Moyle Farms LLC; D.F. & E.M. Palmore Family Trust; William H. Norton; Patricia Norton; Sestanovich Hay & Cattle, LLC; Jerry Anderson; Bill Bauman; Darla Bauman; Adam Sullivan, P.E., Nevada State Engineer, Division of Water Resources, Department of Conservation and Natural Resources; and Eureka County, Appellants,
v.
DIAMOND VALLEY RANCH, LLC; American First Federal, Inc.; Berg Properties California, LLC; Blanco Ranch, LLC; Beth Mills, Trustee of the Marshall Family Trust; Timothy Lee Bailey; Constance Marie Bailey; Fred Bailey; Carolyn Bailey; Sadler Ranch, LLC; Ira R. Renner; and Montira Renner, Respondents.
Supreme Court of Nevada.https://leagle.com/images/logo.png
FILED June 16, 2022.
FILED June 16, 2022.
Attorney(s) appearing for the Case
Leonard Law, PC, and Debbie Leonard , Reno, for Appellants Jerry Anderson; Bill Bauman; Darla Bauman; Conley Land & Livestock, LLC; D.F. & E.M. Palmore Family Trust; Diamond Natural Resources Protection & Conservation Association; Diamond Valley Hay Company, Inc.; James Etcheverry; Nick Etcheverry; Gallagher Farms LLC; Tim Halpin; Sandi Halpin; J&T Farms, LLC; Jeff Lommori; M&C Hay; Mark Moyle Farms LLC; William H. Norton; Patricia Norton; and Sestanovich Hay & Cattle, LLC.
Aaron D. Ford , Attorney General, and James N. Bolotin , Senior Deputy Attorney General, Carson City, for Appellant Adam Sullivan, P.E., Nevada State Engineer, Division of Water Resources, Department of Conservation and Natural Resources.
Kemp Jones, LLP, and Christopher W. Mixson and Don Springmeyer , Las Vegas, for Respondents Timothy Lee Bailey, Constance Marie Bailey, Fred Bailey, and Carolyn Bailey.
Taggart & Taggart, Ltd., and David H. Rigdon and Paul G. Taggart , Carson City, for Respondents Ira R. Renner, Montira Renner, and Sadler Ranch, LLC.
Marvel & Marvel, Ltd., and John E. Marvel , Elko, for Respondents American First Federal, Inc.; Berg Properties California, LLC; Blanco Ranch, LLC; and Diamond Valley Ranch, LLC.
Beth Mills, Eureka, in Pro Se.
Blanchard, Krasner & French and Steven M. Silva , Reno; Pacific Legal Foundation and Daniel M. Ortner , Sacramento, California, for Amicus Curiae Pacific Legal Foundation.
BEFORE THE SUPREME COURT, EN BANC.
OPINION
By the Court, HARDESTY, J.:
Diamond Valley is a groundwater-dependent farming region located in Eureka County, Nevada. The Diamond Valley Hydrologic Basin is over-appropriated and over-pumped, such that groundwater withdrawals from the Basin exceed its perennial yield (i.e., more...
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