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BY: MICHAEL PAGNI
 On January 28, 2010, the Nevada Supreme Court issued its decision in Great Basin Water Network, et al. v. Taylor, 126 Nev. Adv. Op. 2 (2010), interpreting the scope of 2003 amendments to NRS 533.370 and the effect of a failure by the Nevada State Engineer to act upon a water appropriation application within one year. The decision quickly stirred debate and criticism, and even a push for the Nevada Legislature to address the holding in a recent special session.
The case involved approximately 146 applications filed by the Las Vegas Valley Water Department ("LVVWD") in 1989, seeking to appropriate and transfer interbasin nearly 800,000 acre feet annually of groundwater in various areas of Nevada. The applications, which were acquired by the Southern Nevada Water Authority ("SNWA") in 1991, were characterized by the State Engineer as "the largest interbasin appropriation and transfer of water ever requested in the history of the state of Nevada" and were protested by over 830 parties. Although the protest period closed in 1989, the State Engineer did not conduct hearings on the applications until 2006.
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 On March 16, 2010, the California Public Utilities Commission (CPUC) issued a decision which authorizes, for the first time, California utilities to satisfy the renewable portfolio standard (RPS) with the use of renewable energy credits (RECs) without delivery of the related energy from the generator. Previously, California regulated utilities could only satisfy the RPS through the purchase of energy bundled with the associated RECs. With the CPUC's decision, a market has now been created for the sale of Nevada RECs to California utilities.
Currently, California's renewable portfolio standard requires that certain California utilities must provide 20% of total retail energy sales from eligible renewable resources. An Executive Order by Governor Schwarzenegger, signed in November 2008, provides a new target to increase the RPS to 33% by 2020. The California legislature is now considering the legislation to meet that goal.
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EE&NR:
McDonald Carano Wilson's Energy, Environment and Natural Resources practice group has extensive experience in the fields of Environmental Law; Water Resources; Energy; Public Lands and Land Use; Utilities and Regulatory Law; Mines, Minerals, and Geothermal Resources. We understand the significance of natural resources and energy in the western states, and are skilled in helping our clients achieve their business goals.
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CO-CHAIR
CO-CHAIR
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Harrison, Sylvia
Goddard, Leigh T.
Addison, Matt
Bergin, Leo P. III
Drakulich, Kathleen
Du, Miranda
Frankovich, John
Gray, Matt
Giudici, Jim
Jundt, Andrea
Keele, Brent
Leonard, Debbie
Murch, Patrick
Newby, Craig
Ogilvie, George F. III
Pagni, Michael
Wilson, Thomas R. C.
Yen, Amanda
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