Nevada Supreme Court Accepts Certified Question From the Ninth Circuit Regarding Application of Public Trust Doctrine to Adjudicated Water Rights

August/September, 2018, Western Water Law & Policy Reporter, Pages 301-303 —

In the long-running dispute over the waters of the Walker River, the Ninth Circuit Court of Appeals recently certified the following question of the law to the Nevada Supreme Court:  Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent?”

The Nevada Supreme Court accepted the certified question and set a briefing schedule, setting off what is sure to be a flurry of activity from the parties and a slate of amici.  To ready entire article click here.


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