ELR Citation: 52 ELR 20072
No(s). 81224 (Nev. Jun 16, 2022)

The Nevada Supreme Court held, 4-3, that the state's top water official had authority to approve a groundwater management plan (GMP) that deviated from the doctrine of prior appropriation for the over-appropriated Diamond Valley Hydrologic Basin. Senior rights holders in the basin sought to invalidate the GMP on the ground that it was legally erroneous. A lower court concluded that the plan violated the doctrine of prior appropriation for forcing senior appropriators to reduce their water use, the state's beneficial use statute by allowing unused groundwater to be banked or transferred, and two permitting statutes by allowing appropriators to change the point or manner of diversion without filing an application with the official; it invalidated the official's approval. The high court concluded that the state legislature unambiguously gave the official discretion to approve a GMP that departs from the doctrine of prior appropriation and other statutes in Nevada's statutory water scheme, and that his factual findings in support of his approval were supported by substantial evidence. It reversed the lower court's order and reinstated the approval.