Diamond Natural Resources Protection & Conservation Ass'n v. Diamond Valley Ranch, LLC
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The Supreme Court reversed the order of the district court granting Respondents' consolidated petitions for judicial review and reinstating the decision of the State Engineer approving the Diamond Valley Groundwater Management Plan (GMP), holding that the State Engineer's decision to approve the GMP was not erroneous.
Once an over-appropriated basin is designated a critical management area (CMA) water permit and certificate holders may petition the State Engineer to approve a GMP that sets forth the necessary steps for removal of the basin's designation as a CMA. After Diamond Valley was designated a CMA the State Engineer approved the Diamond Valley GMP, which deviated somewhat from the doctrine of appropriation. The district court invalidated the order. The Supreme Court reversed, holding (1) the GMP complied with Nev. Rev. Stat. 534.037 and 534.110(7); and (2) therefore, the GMP was valid.
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