Opinion
No. 65776
05-21-2015
JASON KING, P.E., IN HIS CAPACITY AS THE NEVADA STATE ENGINEER; THE STATE OF NEVADA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, DIVISION OF WATER RESOURCES; AND SOUTHERN NEVADA WATER AUTHORITY, Petitioners, v. THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WHITE PINE; AND THE HONORABLE ROBERT E. ESTES, Respondents, and MILLARD COUNTY, UTAH; ET AL., Real Parties in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This petition for a writ of mandamus challenges a district court order remanding a water law decision to the State Engineer for additional proceedings. Having reviewed the petition and other briefs before this court, we conclude that petitioners have an adequate legal remedy in the form of a petition for judicial review, or subsequent appeal, from any adverse decision on remand. See NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (explaining that the right to appeal is generally an adequate legal remedy precluding writ relief); see also NRS 533.450(1) and (9) (governing appeal rights in water law cases). Accordingly, writ relief is precluded, and we
ORDER the petition DENIED.
/s/_________, C.J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Cherry
/s/_________, J.
Gibbons
/s/_________, J.
Douglas
/s/_________, J.
Saitta
/s/_________, J.
Pickering
cc: Hon. Robert E. Estes, Senior Judge
Attorney General/Carson City
Dana R. Walsh
Lewis Roca Rothgerber LLP/Las Vegas
Taggart & Taggart, Ltd.
Gregory J. Walch
Weinstein, Pinson & Riley
J. Mark Ward
Rhodes Law Office, Ltd.
Lionel Sawyer & Collins/Las Vegas
White Pine County District Attorney
Echo Hawk Law Office
Alexander, Berkey, Williams & Weathers LLP
Kaempfer Crowell/Reno
Simeon M. Herskovits
White Pine County Clerk