On September 17, 2020, the Nevada Supreme Court clarified the extent to which the public trust doctrine applies to the waters of Nevada, including to previously appropriated or adjudicated water rights. Mineral Cty. v. Lyon Cty., No. 75917, 2020 WL 5849506 (Nev. Sept. 17, 2020). In doing so, the court held that the doctrine is broadly applicable “to all waters within the state, including those previously allocated under prior appropriation.” Id. at *1. Further, “[Nevada’s] statutory water scheme is consistent with the public trust doctrine by requiring the State Engineer to consider the public interest when allocating and administering water rights.” Id. Finally, the court held that “in recognizing the significance of finality in water rights, [the Nevada] Legislature has expressly prohibited reallocating adjudicated water rights that have not been otherwise abandoned or forfeited in accordance with the state’s water statutes.” Id. Thus, the public trust could not be relied upon to divest a water user of its valid water appropriation.

Full article:

https://www.rmmlf.org/publications/bookstore/secure/wln3-2020asn/nevlead

 

Capabilities