637 P.2d 534 (Nev. 1981), 12449, Round Hill General Imp. Dist. v. Newman

Docket Nº:12449.
Citation:637 P.2d 534, 97 Nev. 601
Party Name:ROUND HILL GENERAL IMPROVEMENT DISTRICT, a quasi-municipal corporation, Petitioner, and Incline Village General Improvement District, Intervening Petitioner, v. William J. NEWMAN, as State Engineer, Division of Water Resources, and Roland D. Westergard, Director, Department of Conservation and Natural Resources, State of Nevada, or their Successors
Case Date:December 18, 1981
Court:Supreme Court of Nevada
 
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Page 534

637 P.2d 534 (Nev. 1981)

97 Nev. 601

ROUND HILL GENERAL IMPROVEMENT DISTRICT, a quasi-municipal

corporation, Petitioner,

and

Incline Village General Improvement District, Intervening Petitioner,

v.

William J. NEWMAN, as State Engineer, Division of Water

Resources, and Roland D. Westergard, Director, Department of

Conservation and Natural Resources, State of Nevada, or

their Successors in interest, Respondents.

No. 12449.

Supreme Court of Nevada.

December 18, 1981.

Page 535

[97 Nev. 602] Rahbeck, McMorris, Susich & Kolvet, Minden, for petitioner Round Hill General Improvement Dist.

Lester H. Berkson, Zephyr Cove, for intervening petitioner Incline Village General Improvement Dist.

Richard H. Bryan, Atty. Gen., and George Campbell, Deputy, Atty. Gen., Carson City, for respondents.

Woodburn, Wedge, Blakey & Jeppson, Reno, for Sierra Pac. Power Co., as amicus curiae.

Johnson, Belaustegui & Robison, Reno, and Kronick, Moskovitz, Tiedemann & Girard, Sacramento, Cal., for Truckee-Carson Irrigation Dist., as amicus curiae.

[97 Nev. 603] OPINION

ZENOFF, Senior Justice. 1

Petitioner Round Hill General Improvement District (Round Hill), and intervening petitioner Incline Village General Improvement District (IVGID), seek writs of mandamus to compel the State Engineer to act on their applications for permits to appropriate water from Lake Tahoe. NRS 533.325 et seq. The State Engineer has declined to act on the applications on the ground that a pending court action in the area is not final.

NRS 533.370(3) provides:

The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:

....

(b) In areas where ... court actions are pending the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.

Page 536

The court action to which the State Engineer refers is litigation between the United States, the Pyramid Lake Paiute Tribe of Indians, and the Truckee-Carson Irrigation District, over water rights to the Truckee river. It is not subject to dispute that this action is not final within the meaning of the statute, as a result of the decision of the United States Court of Appeals for the Ninth Circuit in United States v. Truckee-Carson, etc., 649 F.2d 1286 (9th Cir. 1981). Nor is...

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