Mineral Country v. United States, No. 15-16342 (9th Cir. 2021)
Annotate this CaseThe Ninth Circuit amended its certification order, in an appeal raising issues pertaining to Nevada state water law. The panel certified to the Supreme Court of Nevada the following questions: 1) Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent? 2) If the public trust doctrine applies and allows for reallocation of rights settled under the doctrine of prior appropriation, does the abrogation of such adjudicated or vested rights constitute a “taking” under the Nevada Constitution requiring payment of just compensation?
Court Description: Water Rights. The panel amended the certification order, filed on May 22, 2018, in an appeal raising issues pertaining to Nevada state water law. The panel certified to the Supreme Court of Nevada the following questions: Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent? If the public trust doctrine applies and allows for reallocation of rights settled under the doctrine of prior appropriation, does the abrogation of such adjudicated or vested rights constitute a “taking” under the Nevada 4 MINERAL CTY. V. WALKER RIVER IRRIGATION DIST. Constitution requiring payment of just compensation?
This opinion or order relates to an opinion or order originally issued on May 22, 2018.
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