State Engineer v. Eureka CountyAnnotate this Case
On remand from the Supreme Court, the district court properly granted Respondents’ petition for judicial review and properly vacated permits granted to Kobeh Valley Ranch, LLC (KVR) to appropriate water. In the first appeal, the Supreme Court determined that the State Engineer failed to rely upon substantial evidence in approving KVR’s applications to appropriate water. The court reversed the district court’s previous order denying judicial review and remanded to the district court for further proceedings. After the district court granted judicial review, KVR and the State Engineer appealed, arguing that the district court violated the Supreme Court’s mandate by not further remanding to the State Engineer for additional fact-finding. The Supreme Court held that the district court’s actions were proper because (1) the Supreme Court did not direct the district court to remand to the State Engineer; and (2) KVR was not entitled to a do-over after previously failing to provide sufficient evidence of mitigation.