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Articles 1 - 20 of 20
Full-Text Articles in Law
Points Of Diversion From Nevada’S Established Groundwater Law, Colin Meenk
Points Of Diversion From Nevada’S Established Groundwater Law, Colin Meenk
Nevada Law Journal
No abstract provided.
Ready To Do The Difficult Work Ahead: The Legal Legacy Of Senator Harry Reid, Robert Lemus, Sarah Voehl
Ready To Do The Difficult Work Ahead: The Legal Legacy Of Senator Harry Reid, Robert Lemus, Sarah Voehl
Nevada Law Journal Forum
This White Paper examines the legal legacy of Harry Reid, who served Nevada in the Senate for thirty years and rose to the position of Majority Leader from 2007 to 2015. Senator Reid's work on land and water policy, climate change, immigration, gaming, and labor deeply affected Nevada and the United States as a whole. Through his positions of leadership, he secured funding for critical infrastructure projects, protected public lands, championed renewable energy, passed the Affordable Care Act, fought for immigration reform, and advocated for labor and gaming issues. This paper concludes that Senator Reid's legal legacy is a powerful …
Fighting For Water Equity In The West: Whose Water Is It Anyway?, Joseph Regalia
Fighting For Water Equity In The West: Whose Water Is It Anyway?, Joseph Regalia
Scholarly Works
No abstract provided.
The Public Trust Doctrine And The Climate Crisis: Panacea Or Platitude?, Joseph Regalia
The Public Trust Doctrine And The Climate Crisis: Panacea Or Platitude?, Joseph Regalia
Scholarly Works
Over a year of shutting down the global economy during the COVID pandemic achieved about .01 degrees of improvement in global warming. Not even a drop in the bucket. We continue to face a monumental climate crisis. And of the many ways that crisis threatens our environment, winnowing water resources is one of the scariest. One solution that many scholars have turned to is the public trust doctrine. At first blush, this doctrine sounds like a panacea for water management problems: When our water resources are threatened enough that current and future citizen’s access to it is in peril, the …
Nevada State Engineer V. Happy Creek, Inc., 375 Nev. Adv. Op 41 (Sep. 12, 2019), Paige Silva
Nevada State Engineer V. Happy Creek, Inc., 375 Nev. Adv. Op 41 (Sep. 12, 2019), Paige Silva
Nevada Supreme Court Summaries
In water rights permit cancellation cases, the Nevada courts have long-standing and well-supported authority to grant equitable relief from the new priority date that NRS 533.395 requires the State Engineer to assign.
Waters Of The State, Joseph Regalia, Noah D. Hall
Waters Of The State, Joseph Regalia, Noah D. Hall
Scholarly Works
This article explores the "waters of the state" in three parts. First, we look to what the states say for themselves about water in their constitutions and statutes. This is not intended as a comprehensive survey, but rather a thorough sampling of the diversity in how states assert themselves over territorial water. There is a tremendous range in the scope of state assertions, in terms of both hydrologic (what waters are included) and legal scope (what states can and should do with water). The diversity and distinctions turn out to be of limited importance, though, at least on the ground. …
A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia
A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia
Scholarly Works
Courts largely view the public trust doctrine as limited by state legislative and executive policy. According to this widespread theory, states may be required to hold in trust a handful of historically-big waterbodies (referred to as “navigable” waters) for certain uses like commerce, but beyond that, states are free to dispose of water without considering the public’s interests.36 So there is no requirement that states consider, for example, the public’s interest in conserving Walker Lake, a lake much older that the state of Nevada itself. And not only can the public not meaningfully challenge a state’s legislative or executive decisions …
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
Nevada Law Journal
No abstract provided.
Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert
Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert
Nevada Supreme Court Summaries
The court held that junior water rights holders are entitled to notice of and an opportunity to participate in the district court's consideration of a curtailment request.
King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi
King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi
Nevada Supreme Court Summaries
There must be clear and convincing, substantial evidence that a real property owner intentionally abandoned his water rights in order for the Court to find he actually abandoned them.
Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich
Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich
Nevada Supreme Court Summaries
The court determined that (1) a district court may consider supplements to a party’s timely filed exceptions to a water rights determination; and (2) the district court’s determination of water rights was supported by substantial evidence.
Lines In The Sand: Interstate Groundwater Disputes In The Supreme Court, Noah D. Hall, Joseph Regalia
Lines In The Sand: Interstate Groundwater Disputes In The Supreme Court, Noah D. Hall, Joseph Regalia
Scholarly Works
As states increasingly rely on groundwater to meet their freshwater demands, interstate conflicts have emerged across the country. This article discusses the two most prominent interstate groundwater disputes, one from the east and one from the west. The eastern case, Mississippi v. Tennessee, is the first interstate groundwater case before the Supreme Court and will set important precedent for future litigation. The western case, a dispute between Utah and Nevada, provides a promising alternative to litigation—an interstate compact that could serve as a model for cooperative management and protection of shared interstate aquifers.
Interstate Groundwater Law Revisited: Mississippi V. Tennessee, Noah D. Hall, Joseph Regalia
Interstate Groundwater Law Revisited: Mississippi V. Tennessee, Noah D. Hall, Joseph Regalia
Scholarly Works
In June 2015, the United States Supreme Court granted the State of Mississippi leave to file a bill of complaint against the State of Tennessee, the City of Memphis, and Memphis Light, Gas & Water Division for wrongfully converting groundwater from the interstate Sparta-Memphis Aquifer. The dispute arises from Memphis and its municipal utility pumping groundwater within Tennessee, which Mississippi alleges has lowered the water tables within its territory. The Supreme Court's grant of leave raises for the first time the question of what legal doctrine applies to transboundary interstate groundwater resources. Tennessee and lower courts would subject interstate groundwater …
Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan
Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan
Nevada Supreme Court Summaries
For the State Engineer to grant water rights applications, there must be evidence to support the decision and the new rights must not substantially conflict with existing rights. On appeal from the District Court, the Court found no evidence to support the granted application, and held the use of Respondent’s rights would severely impact the water table. The Court reversed and remanded the case for proceedings consistent with the opinion.
Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey
Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey
Nevada Supreme Court Summaries
The Court held that NRS § 533.395 requires a party seeking relief from the cancellation of a water permit to exhaust all available administrative remedies before seeking judicial review, even if the State Engineer is not authorized to provide the particular remedy that the party seeks. If the State Engineer is authorized by NRS § 533.395 to provide a party with a remedy, then the doctrine of futility does not apply to excuse the NRS § 533.394(4) exhaustion requirement. Therefore, the party must first show that the administrative process would afford him or her “no relief at all” before seeking …
Program -- Water Law In The West: A Panel Discussion With Patricia Mulroy, University Of Nevada, Las Vegas -- William S. Boyd School Of Law, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Program -- Water Law In The West: A Panel Discussion With Patricia Mulroy, University Of Nevada, Las Vegas -- William S. Boyd School Of Law, Saltman Center For Conflict Resolution, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Water Law in the West: A Panel Discussion with Patricia Mulroy
No abstract provided.
Lawrence V. Clark County And Nevada's Public Trust Doctrine: Reconsidering Water Rights In The Desert, Jason L. Deforest
Lawrence V. Clark County And Nevada's Public Trust Doctrine: Reconsidering Water Rights In The Desert, Jason L. Deforest
Nevada Law Journal
No abstract provided.
Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong
Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong
Scholarly Works
Colorado River systems-both ecological and legal-are facing a coming crisis. The river snakes its way from the Rocky Mountain crest to the Gulf of California, draining 245,000 square miles encompassing parts of seven of the United States ("U.S.") and two Mexican states. The river and its tributaries provide drinking water for growing population of thirty million in an even larger area because some of its water is diverted to serve out-of-basin demands in both the U.S. and Mexico. Aside from bringing life-sustaining water to people for personal use, it provides irrigation water for some of the most valuable agricultural lands …
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong
Nevada Law Journal
This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note analyzes …
Water Law And Its Role In Closing The Nuclear Fuel Cycle, Richard A. Rawson
Water Law And Its Role In Closing The Nuclear Fuel Cycle, Richard A. Rawson
Nevada Law Journal
No abstract provided.