United States v. Alpine Land & Reservoir Co.

Churchill County (the “County”) and the City of Fallon (the “City”) appeal the district court’s judgment that affirmed the Nevada State Engineer’s (the “State Engineer” or “Engineer”) Ruling 4979. In that ruling, the State Engineer approved eight applications of the United States Fish and Wildlife Service (“USFWS”) to transfer the place of use of certain water rights to supply needed water to the wetlands in the Stillwater National Wildlife Refuge (“Still-water”) in western Nevada. The State Engineer, rejecting the protests filed by the City and the County, determined that the changes in places of use would not conflict with existing water rights or threaten the public interest.

On appeal to the district court, the County and the City argued that the State Engineer’s findings were not supported by substantial evidence and that the State Engineer should have ordered a study of the cumulative and potentially negative effects that future water rights transfers contemplated by USFWS might have on existing water rights and the public interest. In the alternative, the County argued that the State Engineer should have stayed ruling on the merits of the applications until the completion…