Oral arguments Tuesday - 3/2 - at the Nevada Supreme Court

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Pyramid Lake Paiute Tribe v. Hugh Ricci, State Engineer,
Docket No. 51603
Carson City - 10:00 a.m. - Full court

This appeal arises from a dispute over water rights in Washoe County.  In 1980, Nevada Land and Resource Co., LLC (NLRC), received permits to appropriate groundwater from the Dodge Flat Hydrologic Basin for a mining and milling project. In 2000, NLRC applied to change the permit to use the groundwater to service a power generating plant.  The Pyramid Lake Paiute Tribe contested the applications on several grounds.  After the State Engineer granted the applications, the Tribe petitioned the district court for review of the ruling. The district court denied the petition, and the Tribe now appeals to the Supreme Court.  ISSUE: Does substantial evidence support the State Engineer's findings in granting the applications? 

In re: Nevada State Engineer Ruling No. 5823,
Docket No. 52963
Carson City - 10:30 a.m. - Full court

This case involves 27 consolidated groundwater applications for the Dayton Valley Hydrographic Basin in Lyon County.  The Pyramid Lake Paiute Tribe opposed the applications, contending that the groundwater use would ultimately decrease flow into the Pyramid Lake and adversely affect the Tribe's interests.  In Ruling No. 5823, the State Engineer granted all 27 applications.  The Tribe filed a petition for judicial review in the district court in Churchill County.  The Tribe was joined in the petition by Churchill County, which has surface rights in the Carson River that may be affected by changes to the Dayton Valley Hydrographic Basin.  The district court dismissed the petition for lack of subject matter jurisdiction, concluding that jurisdiction for review of a State Engineer's ruling is determined by the location of the applicant's water rights, which in this case is Lyon County.  The Tribe and Churchill County have appealed the district court's denial of their petition to the Supreme Court.  ISSUES:  Did the district court err in concluding that it did not have subject matter jurisdiction to hear the petition for review?  Should the district court have transferred the petition to Lyon County rather than dismiss it? 

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This page contains a single entry by JoNell published on March 1, 2010 8:40 AM.

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