IN THE SUPREME COURT OF THE STATE OF NEVADA

ESMER.ALDA MINERALS, LLC, A No. 72284 NEVADA COMPANY AND ITS PARENT CORPORATION, PURE ENERGY MINERALS, LTD., Appellant, vs. AL JASON KING, P.E., NEVADA STATE ENGINEER, THE STATE OF NEVADA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, DIVISION OF WATER RESOURCES, Respondent.

ORDER DISMISSING APPEAL AND DENYING MOTION TO INTERVENE

Pursuant to the settlement conference, the parties' joint motion for voluntary dismissal, and cause appearing, we dismiss this appeal) N.RAP 42(b). It is so ORDERED.

Rockwood Lithium Inc., and Albermarle Corporation filed a motion to intervene on December 18, 2017. The motion is denied as untimely. Rockwood and Albermarle were aware of the instant appeal, which has been pending since February 3, 2017; the district court granted their motion to intervene at a hearing on August 31, 2017; and the district court filed its order granting their motion on November 14, 2017; yet they did not file the instant motion until December 18, 201.7, which is after the final settlement conference had been held and the parties reached settlement. Cf. NRCP 24 (application to intervene must be timely).

SUPREME COURT OF NEVADA /retOrbr cc: Hon. Robert W. Lane. District Judge Margaret M. Crowley, Settlement Judge Taggart & Taggart, Ltd, Attorney General/Carson City Esmeralda County Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A -774e)