Nevada Supreme Court, 2019

Sierra Pacific Indus. v. Wilson, P.E.

Sierra Pacific Indus. v. Wilson, P.E.
Nevada Supreme Court · Decided June 14, 2019

Sierra Pacific Indus. v. Wilson, P.E.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SIERRA PACIFIC INDUSTRIES A No, 77413 CALIFORNIA CORPORATION, Appellant, vs. TIM WILSON, P.E., IN HIS CAPACITY AS NEVADA STATE ENGINEER; THE FILED DIVISION OF WATER RESOURCES, DEPARTMENT OF CONSERVATION JUN 1 4 2019 AND NATURAL RESOURCES, AN El iZABETH A. BROWN CLERK OF SUPREME COURT AGENCY OF THE STATE OF NEVADA; BY AND IWS BASIN, LLC., A NEVADA DE UTY CTER

LIMITED LIABILITY COMPANY, Respondents.

ORDER DISMISSING APPEAL AND REMANDING FOR FURTHER PROCEEDINGS This is an appeal from an order denying a petition for judicial review challenging the State Engineer's 2017 grant of extensions of water rights permits. Second Judicial District Court, Washoe County; Scott N.

Freeman, Judge.

In a related appeal involving the same parties and the prior 2016 extension of the permits, this court issued an opinion reversing and remanding to thefl district court with directions to remand to the State Engineer to reconsider the 2016 permit extensions. Sierra Pac. Indus. U.

Wilson, 135 Nev., Adv. Op. 13, P.3d (2019). Respondent State Engineer has moved for a voluntary remand of this appeal to permit it to reconsider administratively its 2017 extension of the permits at issue in this appeal in light of this court's recent decision. Appellant opposes the motion, and the State Engineer has filed a reply.

SUPREME COURT OF NEVADA (0) 1947A ce 4 -'Z'S 8 b 7 Having considered the arguments of the parties, and the applicability of this court's decision, the court concurs that the State Engineer should reevaluate the permit extensions as r equested.

Accordingly, this court dismisses this appeal and remands this matter to the district court with instructions to remand to the State Engineer to allow him to address the 2017 request for extension of time in accordance with the Sierra Pacific ruling.

It is so ORDERED.'

C.J.

Pickering

Hardesty

cc: Hon. Scott N. Freeman, District Judge Leonard Law, PC Brownstein Hyatt Farber Schreck, LLP/Reno Brownstein Hyatt Farber Schreck, LLP/Las Vegas Richard L. Elmore, Chtd.

Attorney General/Carson City Washoe District Court Clerk

'Appellant's request for judicial notice is denied as moot.

SUPREME COURT OF NEVADA

(0) 194Th 2

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