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Case Information: 84742
Short Caption:CENTER FOR BIOLOGICAL DIVERSITY VS. LINCOLN CNTY. WATER. DIST. C/W 84739/84741/84809/85137Court:Supreme Court
Consolidated:84739*, 84741, 84742, 84809, 85137Related Case(s):84739, 84741, 84809, 85137, 87356
Lower Court Case(s):Clark Co. - Eighth Judicial District - A816761Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Rehearing Filed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:Exempt
Oral Argument:Oral Argument Location:
Submission Date:08/10/2023How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/23/2022Filing FeeFiling fee due for Appeal. (SC).
05/23/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC).22-16313
05/23/2022OtherJustice James W. Hardesty disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal. (SC).
05/23/2022Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC).22-16316
05/25/2022Filing FeeE-Payment $250.00 from Scott Robert Lake. (SC)
05/25/2022Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 7 days if the caption as modified does not accurately reflect the status of the parties. (SC).22-16586
05/25/2022Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellants - due: 21 days. (SC)22-16604
05/26/2022Settlement NoticeIssued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellants 14 days transcript request form; 120 days opening brief. (SC)22-16758
05/27/2022Notice/IncomingFiled Appellant's (Center for Biological Diversity) Notice of Appearance for Lisa T. Belenky. (SC)22-16966
06/02/2022MotionFiled Motion to Consolidate, Exhibits 6 - 19. (SC)22-17528
06/02/2022MotionFiled The State Engineer's and The Center For Biological Diversity's Joint Motion to Consolidate Appeals and Modify Caption. (Exhibits to Motion 1-5 attached) (Consolidate with docket nos. 84739 and 84741) (SC)22-17538
06/02/2022MotionFiled Appellant's (Center for Biological Diversity) Emergency Motion for Stay Under NRAP 27(E) and Joinder Immediate Action Requested. (SC)22-17601
06/02/2022AppendixFiled Appellant's (Center for Biological Diversity) Appendix in Support of the Emergency Motion for Stay and Joinder. Vol. 2. (SC)22-17604
06/02/2022AppendixFiled Appellant's (Center for Biological Diversity) Appendix in Support of the Emergency Motion for Stay and Joinder. Vol. 1. (SC)22-17605
06/02/2022AppendixFiled Appellant's (Center for Biological Diversity) Appendix in Support of the Emergency Motion for Stay and Joinder. Vol. 3. (SC)22-17607
06/02/2022AppendixFiled Appellant's (Center for Biological Diversity) Appendix in Support of the Emergency Motion for Stay and Joinder. Vol. 4. (SC)22-17609
06/03/2022Notice/IncomingFiled Respondent's (The Church of Jesus Christ of Latter-Day Saints) for Severin A. Carlson and Sihomara L. Graves. (SC)22-17672
06/03/2022Notice/IncomingFiled Respondents' (SNWA and LVVWD) Notice of Appearance for Paul G. Taggart, Thomas P. Duensing, and Steven C. Anderson. (SC)22-17690
06/03/2022Notice/IncomingFiled Notice of Appearance on behalf of Lincoln County Water District and Vidler Water Company, Inc. for Dylan V. Frehner, Wayne Klomp, and Karen A. Peterson. (SC)22-17731
06/03/2022Notice/IncomingFiled Appellant's (Coyote Springs Investment, LLC) Notice of Intent to File an Opposition to Center for Biological Diversity's Emergency Motion for Stay and Motion to Exceed Page Limit. (SC)22-17773
06/03/2022Notice/IncomingFiled Appellent's (Coyote Springs Investment, LLC) Notice of Appearance for Michaela G. Davies. (SC)22-17780
06/03/2022Notice/IncomingFiled Respondent's (Moapa Valley Water District) Notice of Appearance for Gregory H. Morrison. (SC)22-17793
06/06/2022Notice/IncomingFiled Appellants' (Georgia-Pacific Gypsum, LLC and Republic Technologies, Inc.) Notice of Appearance for Jane Susskind. (SC)22-17846
06/06/2022Notice/IncomingFiled Appellants' (Lincoln County Water District and Vidler Water Company, INC.) Notice of Intent to File Response to Emergency Motion for Stay and Joinder. (SC)22-17854
06/06/2022Notice/IncomingFiled Respondents' (Nevada Power Company and Sierra Pacific Power Company) Notice of Appearance for Justina A. Caviglia and Michael Knox. (SC)22-17858
06/06/2022MotionFiled Appellant's (Coyote Springs Investment, LLC's) Opposition to Emergency Motion for Stay Under NRAP 27(E) and Joinder. (SC)22-17892
06/07/2022Order/ProceduralFiled Order Granting Motions to Consolidate. The appellants in these consolidated cases are Adam Sullivan, P.E., Nevada State Engineer, Division of Water Resources, Department of Conservation and Natural Resources (Docket No. 84739); Southern Nevada Water Authority (Docket No. 84741); Center for Biological Diversity (Docket No. 84742); and Muddy Valley Irrigation Co. (Docket No. 84809). The respondents for all appeals are Lincoln County Water District; Vidler Water Company, Inc.; Coyote Springs Investment, LLC; Nevada Cogeneration Associates Nos. 1 and 2; Apex Holding Company, LLC; Dry Lake Water, LLC; Georgia-Pacific Gypsum, LLC; Republic Environmental Technologies, Inc.; Sierra Pacific Power Company, d/b/a NV Energy; Nevada Power Company, d/b/a NV Energy; The Church of Jesus Christ of Latter-Day Saints; Moapa Valley Water District; Western Elite Environmental, Inc.; Bedroc Limited, LLC; City of North Las Vegas; and Las Vegas Valley Water District. Appellants shall have until June 17, 2022, to file and serve their transcript request forms or certificates that no transcripts will be requested, as well as their docketing statements. Appellants shall have until September 30, 2022, to file and serve their opening briefs and appendices. briefing shall proceed in accordance with NRAP 31(a)(1), except that any appellant who disagrees with another appellant's opening brief may, to the extent the disagreeing appellant's interests are impacted thereby, file an answering brief addressing the issues related to those interests by the answering brief deadline. No extensions of time will be granted absent extreme and unforeseeable circumstances demonstrated by written motion. fn1[The court defers ruling on the pending motions to exceed the page limit and for stay.] Nos. 84739/84741/84742/84809. (SC)22-18101
06/07/2022Notice/IncomingFiled Nevada Cogeneration Associates' Notice of Appearance for Francis C. Flaherty and Sue S. Matuska. Nos. 84739/84741/84742/84809 (SC)22-18119
06/07/2022Notice/IncomingFiled Nevada Cogeneration Associates' Notice of Appearance for Francis C. Flaherty and Sue S. Matuska. Nos. 84739/84741/84742/84809 - Duplicate - (SC)22-18120
06/07/2022Notice/IncomingFiled Nevada Cogeneration Associates' Notice of Appearance for Francis C. Flaherty and Sue S. Matuska. Nos. 84739/84741/84742/84809 - Duplicate - (SC)22-18122
06/07/2022Notice/IncomingFiled Nevada Cogeneration Associates' Notice of Appearance for Francis C. Flaherty and Sue S. Matuska. Nos. 84739/84741/84742/84809 - Duplicate - (SC)22-18124
06/07/2022MotionFiled SNWA's Joinder to Center for Biological Diversity's Emergency Motion for Stay (84741). Nos. 84739/84741/84742/84809 (SC)22-18151
06/07/2022MotionFiled SNWA's Joinder to Center for Biological Diversity's Emergency Motion for Stay (84739). Nos. 84739/84741/84742/84809 (SC)22-18172
06/08/2022Notice/IncomingFiled State Engineer's Partial Joinder To SNWA's Emergency Motion For Stay Under NRAP 27(E) Of District Court's Order Granting Petitions For Judicial Review Pending Appeal And Partial Joinder To The Center. Nos. 84739/84741/84742/84809 (SC)22-18239
06/08/2022Docketing StatementFiled Docketing Statement Attachments 7-13 (84739). Nos. 84739/84741/84742/84809 (SC)22-18240
06/08/2022Docketing StatementFiled State Engineer's Docketing Statement Civil Appeals (84739). Nos. 84739/84741/84742/84809 (SC)22-18278
06/08/2022MotionFiled Lincoln Vidler Opposition to SNWA's Emergency Motion for Stay Pending Appeal (84741). Nos. 84739/84741/84742/84809 (SC)22-18297
06/08/2022MotionFiled Lincoln County Water District and Vidler's Motion to Dismiss the Appeals of SNWA, CBD and MVIC. Nos. 84739/84741/84742/84809 (SC)22-18309
06/09/2022MotionFiled Church's Opposition to SNWA Emergency Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-18320
06/09/2022MotionFiled Nevada Cogeneration Associates Nos. 1 and 2 Response (Opposition) to Southern Nevada Water Authority's Emergency Motion for Stay Under NRAP 27(E) of District Court's Order Granting Petitions. Nos. 84739/84741/84742/84809 (SC)22-18363
06/09/2022MotionFiled Georgia-Pacific Gypsum and Republic Environmental Tech's Opposition to Southern Nevada Water Authority's Emergency Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-18336
06/09/2022MotionFiled Apex Holdings and Dry Lake Water's Opposition to Emergency Motion to Stay Under NRAP 27(e) of District Court's Order Granting Petition for Judicial Review Pending Appeal. Nos. 84739/84741/84742/84809 (SC)22-18340
06/09/2022MotionFiled Georgia-Pacific Gypsum and Republic Environmental Tech's Opposition to Center for Biological Diversity's Emergency Motion For Stay Under 27(E) and Joinder. Nos. 84739/84141/84742/84809 (SC)22-18416
06/09/2022MotionFiled Lincoln County Water District and Vidler's Opposition to CBD's Motion for Emergency Stay and Joinder. Nos. 84739/84741/84742/84809 (SC)22-18437
06/09/2022MotionFiled Church's Opposition to CBD's Emergency Motion for Stay and Joinder. Nos. 84739/84741/84742/84809 (SC)22-18443
06/13/2022Notice/IncomingFiled Respondent Coyote Springs Investment, LLC's Notice of Appearance for Hannah E. Winston. Nos. 84739/84741/84742/84809 (SC)22-18724
06/13/2022Notice/IncomingFiled Respondent Coyote Springs Investment, LLC's Notice of Appearance for Hannah E. Winston. Nos. 84739/84741/84742/84809 - Duplicate - (SC)22-18725
06/13/2022Notice/IncomingFiled Respondent Coyote Springs Investment, LLC's Notice of Appearance for Hannah E. Winston. Nos. 84739/84741/84742/84809 - Duplicate - (SC)22-18726
06/13/2022Notice/IncomingFiled Respondent Coyote Springs Investment, LLC's Notice of Appearance for Hannah E. Winston. Nos. 84739/84741/84742/84809 - Duplicate - (SC)22-18727
06/13/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant Southern Nevada Water Authority in Docket No. 84741 shall have until June 29, 2022, to file and serve the response to Lincoln County Water District and Vidler's Motion to Dismiss the Appeals of SNWA, CBD and MVIC filed On June 8, 2022. Nos. 84739/84741/84742/84809. (SC)22-18774
06/13/2022MotionFiled The Center for Biological Diversity's Reply in Support of Emergency Motion to Stay and Joinder. Nos. 84739/84741/84742/84809 (SC)22-18801
06/13/2022MotionFiled The Center for Biological Diversity's Response/Opposition to Lincoln/Vidler's Motion to Dismiss. Nos. 84739/84141/84742/84809 (SC)22-18803
06/13/2022MotionFiled SNWA's Reply to CSI's Response to its Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-18806
06/13/2022MotionFiled SNWA's Reply to Georgia-Pacific's Response to Motion to Exceed Page Limit (84741). Nos. 84739/84741/84742/84809 (SC)22-18807
06/13/2022AppendixFiled SNWA"s Appendix to Motion for Stay, Vol. 4 (84741). Nos. 84739/84741/84742/84809 (SC)22-18809
06/13/2022MotionFiled The Center for Biological Diversity's Reply to the Church in Support of Emergency Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-18811
06/15/2022Notice/IncomingFiled Respondent Coyote Springs Investment, LLC's Notice of Appearance for Bradley J. Herrema. Nos. 84739/84741/84742/84809 (SC)22-18968
06/15/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant Muddy Valley Irrigation Co. in Docket No. 84809 shall have until June 29, 2022, to file and serve its response to Lincoln County Water District and Vidler's motion to dismiss the appeals of SNWA, CBD and MVIC, filed on June 8, 2022. Nos. 84739/84741/84742/84809. (SC)22-18999
06/15/2022Notice/IncomingFiled Respondent Coyote Springs Investment , LLC's Notice of Appearance for Brett W. Pilling. Nos. 84739/84741/84742/84809 (SC)22-19020
06/15/2022MotionFiled Respondent Coyote Springs Investments, LLC's Motion to Dismiss the Appeals of SNWA, CBD, and MVIC. Nos. 84739/84741/84742/84809 (SC)22-19044
06/15/2022Docketing StatementFiled Lincoln-Vidler's Response to State Engineer's Docketing Statement (84739). Nos. 84739/84741/84742/84809 (SC)22-19067
06/15/2022MotionFiled SNWA's Reply to Apex's Response to Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-19084
06/15/2022MotionFiled SNWA's Reply to the Church's Response to Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-19085
06/15/2022MotionFiled SNWA's Reply to Georgia-Pacific's Response to Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-19086
06/15/2022MotionFiled SNWA's Reply to Lincoln Vidler's Response to Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-19087
06/15/2022MotionFiled SNWA's Reply to Nevada Cogen's Response to Motion for Stay. Nos. 84739/84741/84742/84809 (SC)22-19088
06/16/2022Docketing StatementFiled Appellant's (Center for Biological Diversity) Civil Docketing Statement. (84742). Nos. 84739/84741/84742/84809. (SC)22-19187
06/16/2022Docketing StatementFiled Appellant's (Center for Biological Diversity) Attachments to Docketing Statement. (84742) Nos. 84739/84741/84742/84809.(SC)22-19188
06/16/2022Docketing StatementFiled Appellant's (Center for Biological Diversity) Attachments to Docketing Statement. (84742) Nos. 84739/84741/84742/84809.(SC)22-19189
06/17/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant Center for Biological Diversity's response to motion to dismiss in docket No. 84742 due: July 6, 2022. (SC)22-19238
06/17/2022Transcript RequestFiled SNWA, CBD, MVIC, and the State Engineer's Joint Request for Transcript of Proceedings. Transcripts requested: 10/6/20, 11/17/20, 4/29/21, 5/27/21, 7/1/21, 9/9/21, 12/6/21, 1/20/22, 2/14/22, 2/15/22, 2/16/22, 2/17/22, and 5/16/22. To Court Reporter: Christine Erickson and Lisa Lizotte. Nos. 84739/84741/84742/84809 (SC)22-19289
06/17/2022Notice/IncomingFiled Georgia Pacific's and Republic's Joinder to Lincoln County Water District's and Vidler Water Company Inc.'s Motion to Dismiss. Nos. 84739/84741/84742/84809 (SC)22-19318
06/17/2022Notice/IncomingFiled Georgia-Pacific's and Republic's Joinder to Lincoln County Water District's and Vidler Water Company, Inc.'s Response to Appellant State Engineer's Docketing Statement (84739). Nos. 84739/84741/84742/84809 (SC)22-19322
06/17/2022Docketing StatementFiled Muddy Valley Irrigation Company's Docketing Statement Civil Appeals (84809). Nos. 84739/84741/84742/84809 (SC)22-19324
06/17/2022Docketing StatementFiled SNWA Docketing Statement Civil Appeals (84741). Nos. 84739/84741/84742/84809 (SC)22-19344
06/20/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant Southern Nevada Water Authority's response to the respondent Coyote Springs Investment LLC's motion to dismiss due: July 6. 2022. (SC)22-19390
06/20/2022MotionFiled Respondent Lincoln County Water District and Vidler Water Company, Inc.'s Reply in Support of Motion to Dismiss the Appeal of CBD. Nos. 84739/84741/84742/84809 (SC)22-19451
06/20/2022Docketing StatementFiled Respondents Lincoln County Water District's and Vidler Water Company, Inc.'s Response to Appellant Center for Biological Diversity's Docketing Statement (84742). Nos. 84739/84741/84742/84809 (SC)22-19453
06/21/2022Docketing StatementFiled Respondent Nevada Cogeneration Associates Nos. 1 and 2 Response to Appellant Center for Biological Diversity's Docketing Statement (84742). Nos. 84739/84741/84742/84809 (SC)22-19551
06/21/2022Notice/IncomingFiled Nevada Cogeneration Associates Nos. 1 and 2 Joinder to Lincoln County Water District's and Vidler Water Company, Inc.'s Response to Appellant State Engineer's Docketing Statement (84739). Nos. 84739/84741/84742/84809 (SC)22-19562
06/21/2022Notice/IncomingFiled Coyote Springs Investment, LLC's Joinder to Lincoln County Water District's and Vidler Water Company, Inc.'s Response to Appellant State Engineer's Docketing Statement (84739). Nos. 84739/84741/84742/84809 (SC)22-19590
06/21/2022Notice/IncomingFiled Coyote Springs Investment, LLC's Joinder to Lincoln County Water District's and Vidler Water Company, Inc.'s Response to Appellant Center for Biological Diversity's Docketing Statement (84742). Nos. 84739/84741/84742/84809 (SC)22-19591
06/22/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant Muddy Valley Irrigation Company's response to the respondent Coyote Springs Investment LLC's motion to dismiss due: July 6, 2022. Nos. 84739/84741/84742/84809. (SC)22-19718
06/23/2022Notice/IncomingFiled Georgia Pacific's and Republic's Joinder to Lincoln County Water District's and Vidler Water Company, Inc.'s Response to Appellant Center for Biological Diversity's Docketing Statement. (SC)22-19958
06/29/2022MotionFiled Muddy Valley Irrigation Company's Response in Opposition to Motion to Dismiss the Appeals of SNWA, CBD and MVIC. Nos. 84739/84741/84742/84809 (SC)22-20575
06/29/2022MotionFiled SNWA's Response to Lincoln Vidler's Motion to Dismiss. Nos. 84739/84741/84742/84809 (SC)22-20603
06/29/2022AppendixFiled Appendix for SNWA's Response to Lincoln Vidler's Motion to Dismiss. Nos. 84739/84741/84742/84809 (SC)22-20604
07/01/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Respondents Lincoln County Water District and Vidler Water Company shall have until July 20, 2022, to file their reply to Muddy Valley Irrigation Company and SNWA's responses filed on June 29, 2022. (SC)22-20805
07/06/2022MotionFiled Muddy Valley Irrigation Company's Response in Opposition to Motion to Dismiss the Appeals of SNWA, CBD and MVIC. Nos. 84739/84741/84742/84809 (SC)22-21239
07/06/2022MotionFiled The Center for Biological Diversity's Response to CSI's Motion to Dismiss. Nos. 84739/84741/84742/84809 (SC)22-21252
07/06/2022MotionFiled Muddy Valley Response in Opposition to Coyote Springs Investments LLC's Motion to Dismiss the Appeals of SNWA, CBD and MVIC. Nos. 84739/84741/84742/84809 (SC)22-21329
07/06/2022MotionFiled SNWA's Response to CSI's Motion to Dismiss. Nos. 84739/84741/84742/84809 (SC)22-21335
07/12/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Coyote Springs Investment, LLC's reply in support of its motion to dismiss due: July 27, 2022. Nos. 84739/84741/84742/84809 (SC)22-21953
07/20/2022MotionFiled Reply of Lincoln County Water District and Vidler Water Company, Inc. in Support of Motion to Dismiss the Appeal of MVIC. Nos. 84739/84741/84742/84809 (SC)22-22848
07/20/2022MotionFiled Reply of Lincoln County Water District and Vidler Water Company, Inc. in Support of Motion to Dismiss the Appeal of SNWA. Nos. 84739/84741/84742/84809 (SC)22-22850
07/22/2022TranscriptFiled Notice from Court Reporter. Brittany Amoroso stating that the requested transcripts were delivered. Dates of transcripts: 10/6/20 and 11/17/20. Nos. 84739/84741/84742/84809 (SC)22-23158
07/27/2022MotionFiled Coyote Springs Investments, LL's Reply in Support of Motion to Dismiss the Appeals of SNWA, CBD, and MVIC. Nos. 84739/84741/84742/84809 (SC)22-23640
08/05/2022TranscriptFiled Notice from Court Reporter. Lisa Lizotte stating that the requested transcripts were delivered. Dates of transcripts: 7/1/21, 5/16/22, 4/29/21, 5/27/21, 9/9/21, 12/6/21, 1/20/22, 2/14/22, 2/15/22, 2/16/22, 2/17/22 and 7/5/22. Nos. 84739/84741/84742/84809 (SC)22-24578
08/16/2022Notice/IncomingFiled Appellant's Notice of Appearance of Heidi Parry Stern (84739). Nos. 84739/84741/84742/84809 (SC)22-25687
08/16/2022Notice/IncomingFiled Appellant's Notice of Appearance of Jeffrey M. Conner (84739). Nos. 84739/84741/84742/84809 (SC)22-25689
08/22/2022Order/ProceduralFiled Notice. I (J. Hardesty) voluntarily recused myself from participation upon the docketing of these appeals. Because the basis for the recusal no longer exists, I withdraw my recusal and notify the parties that I may participate in these appeals. Nos. 84739/84741/84742/84809. (SC)22-26200
08/29/2022Order/ProceduralFiled Order Denying Motions to Dismiss, Granting Temporary Stay and Directing Supplement, and Scheduling Appeal Conference. Respondents Lincoln County Water District and Vidler Water Company, Inc. (collectively, Lincoln) have filed a motion to dismiss the appeals filed by appellants Southern Nevada Water Authority (SNWA) (Docket No. 84741), the Center for Biological Diversity (CBD) (Docket No. 84742), and Muddy Valley Irrigation Company (MVIC) (Docket No. 84809). Respondent Coyote Springs Investments, LLC (CSI) also has filed a motion to dismiss those appeals, for substantially the same reasons. We conclude that these appellants are aggrieved by the district court's order and having standing to challenge it, and we deny the motions to dismiss their appeals. We conclude that a temporary stay is warranted pending a response by the State Engineer further explaining his joinder. Therefore, within 10 days from the date of this order, we direct the State Engineer to file and serve a supplement to his joinder. Respondents shall have 10 days from the date when the State Engineer's supplement is served to file and serve a single, combined response to the supplement. We direct the attorneys for the parties to appear before the Southern Panel at 2:30 p.m. on Wednesday, September 14, 2022, at the Supreme Court building in Las Vegas for an appeal conference. Nos. 84739/84741/84742/84809 (SC)22-26979
09/01/2022Notice/OutgoingIssued Appeal Conference Reminder Notice. (SC)22-27569
09/08/2022Notice/IncomingFiled Notice Identifying Attorney for Appeal Conference. Nos. 84739/84741/84742/84809 (SC)22-28148
09/08/2022Notice/IncomingFiled State Engineer's Supplement to Partial Joinder of Emergency Motions for Stay Under NRAP 27(E). Nos. 84739/84741/84742/84809 (SC)22-28156
09/08/2022Notice/IncomingFiled Notice Identifying Attorney for Appeal Conference. Nos. 84739/84741/84742/84809 (SC)22-28159
09/08/2022Notice/IncomingFiled Notice of Appearance regarding Appeal Conference. Nos. 84739/84741/84742/84809 (SC)22-28168
09/08/2022Notice/IncomingFiled Notice Identifying Attorney for State Engineer to Appear at Appeal Conference. Nos. 84739/84741/84742/84809 (SC)22-28182
09/19/2022MotionFiled Respondents' Joint Response in Opposition to State Engineer's Supplement. Nos. 84739/84741/84742/84809 (SC)22-29414
09/27/2022MotionFiled SNWA's Motion for Leave to File Surreply. Nos. 84739/84741/84742/84809 (SC)22-30399
09/27/2022MotionFiled Exhibit 1 to SNWA's Motion for Leave to File Surreply. (STRICKEN PER 10/3/22 ORDER). Nos. 84739/84741/84742/84809 (SC)22-30400
09/28/2022Notice/IncomingFiled Respondent's Joint Notice of Intent to File Opposition to Appellant Southern Nevada Water Authority's Motion for Leave to File Surreply. Nos. 84739/84741/84742/84809 (SC)22-30542
10/03/2022Order/ProceduralFiled Order Granting Stay. Appellants Southern Nevada Water Authority (SNWA) and the Center for Biological Diversity (CBD) filed motions for stay. We grant the motions for stay pending appeal and uphold the stay imposed by our August 29 order pending further order of this court. fn1 [SNWA's motion for leave to file a surreply to respondents' response is denied. The clerk of this court shall strike Exhibit 1 to SNWA's motion for leave to file a surreply, which Exhibit was separately filed in this court on September 27, 2022.] Nos. 84739/84741/84742/84809 (SC)22-31185
10/11/2022Notice/IncomingFiled Western Elite Environmental Inc., Bedroc Limited, LLC and City of North Las Vegas' Notice of Nonparticipation. Nos. 84739/94741/84742/84809 (SC)22-32050
10/14/2022Order/ProceduralFiled Order Modifying Caption and Setting Briefing Schedule. We direct the clerk of this court to remove Las Vegas Valley Water District as a respondent from each appeal. Appellants shall have 50 days from the date of this order to file and serve a single joint opening brief that does not exceed 45 pages or 21,000 words and addresses the basin issues and the due process issues. Respondents shall have 30 days from the date the opening brief is served to file and serve a single joint answering brief that addresses the arguments in the opening brief regarding the basin issues and parts A and C of the due process issues. The joint answering brief may not exceed 30 pages or 14,000 words. Further, each respondent may, within the same time period, file and serve a separate answering brief addressing part B of the due process issues that does not exceed 15 pages or 7,000 words. Appellants shall have 30 days from service of the last answering brief to file a single joint reply brief that does not exceed 45 pages or 21,000 words and that responds to the arguments in all answering briefs. Joint appendix due: 20 days. If any party objects to any portion of this scheduling order, they may file an objection within 5 days of the date of this order. Nos. 84739/94741/84742/84809 (SC)22-32387
10/19/2022Order/ProceduralFiled Order. On October 14, 2022, this court issued an order modifying the caption and setting a briefing schedule in these consolidate appeals. It appears that counsel for some of the appellants was inadvertently omitted from the order's cc list. Accordingly, the clerk of this court is directed to provide copies of the October 14 order to counsel for appellants Center for Biological Diversity and Muddy Valley Irrigation Company. Nos. 84739/84741/84742/84809. (SC).22-32970
10/24/2022MotionFiled SNWA's Objection to the 10/14/22 Order Setting Briefing Schedule. Nos. 84739/84741/84742/84809 (SC)22-33269
10/24/2022Notice/IncomingFiled The Center for Biological Diversity's Partial Joinder to SNWA's Limited Objections. Nos. 84739/84741/84742/84809 (SC)22-33346
10/25/2022Notice/IncomingFiled Appellant (Muddy Valley Irrigation Company's) Partial Joinder in Southern Nevada Water Authority's Limited Objection to the Court's October 14, 2022 Order Setting Briefing Schedule. Nos. 84739/84741/84742/84809 (SC)22-33568
10/27/2022Order/ProceduralFiled Order Clarifying Briefing Schedule. On October 14, 2022, this court entered an order that modified the caption and set the briefing schedule. Appellant Southern Nevada Water Authority (SNWA) filed a partial objection, and appellants Center for Biological Diversity (Center) and Muddy Valley Irrigation Company (MVIC) filed partial joinders to the objection. Having reviewed the objection and joinders, we clarify the briefing as to SNWA, Center, and MVIC. SNWA, Center, and MVIC may each, within 30 days from service of the opening brief, file and serve separate answering briefs. Appellants shall still be required to file a single joint reply brief that does not exceed 45 pages or 21,000 words and responds to the arguments in all answering briefs. We clarify that the parties shall have until November 8, 2022, to file the joint appendix and appellants shall have until December 8, 2022, to file and serve the joint opening brief. All other briefing deadlines shall remain as set forth in the October 14, 2022, briefing order, as clarified by this order. (SC)22-33859
11/08/2022AppendixFiled Joint Appendix Volume Index. (SC)22-35220
11/08/2022AppendixFiled Joint Appendix Volume 1. Nos. 84739/84741/84742/84809. (SC).22-35228
11/08/2022AppendixFiled Joint Appendix Volume 2. Nos. 84739/84741/84742/84809. (SC).22-35229
11/08/2022AppendixFiled Joint Appendix Volume 3. Nos. 84739/84741/84742/84809. (SC).22-35230
11/08/2022AppendixFiled Joint Appendix Volume 4. Nos. 84739/84741/84742/84809. (SC).22-35231
11/08/2022AppendixFiled Joint Appendix Volume 5. Nos. 84739/84741/84742/84809. (SC).22-35232
11/08/2022AppendixFiled Joint Appendix Volume 6. Nos. 84739/84741/84742/84809. (SC).22-35233
11/08/2022AppendixFiled Joint Appendix Volume 7. Nos. 84739/84741/84742/84809. (SC).22-35234
11/08/2022AppendixFiled Joint Appendix Volume 8. Nos. 84739/84741/84742/84809. (SC).22-35235
11/08/2022AppendixFiled Joint Appendix Volume 9. Nos. 84739/84741/84742/84809. (SC).22-35236
11/08/2022AppendixFiled Joint Appendix Volume 10. Nos. 84739/84741/84742/84809. (SC).22-35237
11/08/2022AppendixFiled Joint Appendix Volume 11. Nos. 84739/84741/84742/84809. (SC).22-35238
11/08/2022AppendixFiled Joint Appendix Volume 12. Nos. 84739/84741/84742/84809. (SC).22-35240
11/08/2022AppendixFiled Joint Appendix Volume 13. Nos. 84739/84741/84742/84809. (SC).22-35241
11/08/2022AppendixFiled Joint Appendix Volume 14. Nos. 84739/84741/84742/84809. (SC).22-35242
11/08/2022AppendixFiled Joint Appendix Volume 15. Nos. 84739/84741/84742/84809. (SC).22-35243
11/08/2022AppendixFiled Joint Appendix Volume 16. Nos. 84739/84741/84742/84809. (SC).22-35244
11/08/2022AppendixFiled Joint Appendix Volume 17. Nos. 84739/84741/84742/84809. (SC).22-35245
11/08/2022AppendixFiled Joint Appendix Volume 18. Nos. 84739/84741/84742/84809. (SC).22-35246
11/08/2022AppendixFiled Joint Appendix Volume 19. Nos. 84739/84741/84742/84809. (SC).22-35247
11/08/2022AppendixFiled Joint Appendix Volume 20. Nos. 84739/84741/84742/84809. (SC).22-35248
11/08/2022AppendixFiled Joint Appendix Volume 21. Nos. 84739/84741/84742/84809. (SC).22-35249
11/08/2022AppendixFiled Joint Appendix Volume 22. Nos. 84739/84741/84742/84809. (SC).22-35250
11/08/2022AppendixFiled Joint Appendix Volume 23. Nos. 84739/84741/84742/84809. (SC).22-35251
11/08/2022AppendixFiled Joint Appendix Volume 24. Nos. 84739/84741/84742/84809. (SC).22-35253
11/08/2022AppendixFiled Joint Appendix Volume 25. Nos. 84739/84741/84742/84809. (SC).22-35255
11/08/2022AppendixFiled Joint Appendix Volume 26. Nos. 84739/84741/84742/84809. (SC).22-35259
11/08/2022AppendixFiled Joint Appendix Volume 27. Nos. 84739/84741/84742/84809. (SC).22-35260
11/08/2022AppendixFiled Joint Appendix Volume 28. Nos. 84739/84741/84742/84809. (SC).22-35261
11/08/2022AppendixFiled Joint Appendix Volume 29. Nos. 84739/84741/84742/84809. (SC).22-35263
11/08/2022AppendixFiled Joint Appendix Volume 30. Nos. 84739/84741/84742/84809. (SC).22-35265
11/08/2022AppendixFiled Joint Appendix Volume 31. Nos. 84739/84741/84742/84809. (SC).22-35266
11/08/2022AppendixFiled Joint Appendix Volume 32. Nos. 84739/84741/84742/84809. (SC).22-35267
11/08/2022AppendixFiled Joint Appendix Volume 33. Nos. 84739/84741/84742/84809. (SC).22-35268
11/08/2022AppendixFiled Joint Appendix Volume 34. Nos. 84739/84741/84742/84809. (SC).22-35269
11/08/2022AppendixFiled Joint Appendix Volume 35. Nos. 84739/84741/84742/84809. (SC).22-35270
11/08/2022AppendixFiled Joint Appendix Volume 36. Nos. 84739/84741/84742/84809. (SC).22-35271
11/08/2022AppendixFiled Joint Appendix Volume 37. Nos. 84739/84741/84742/84809. (SC).22-35272
11/08/2022AppendixFiled Joint Appendix Volume 38. Nos. 84739/84741/84742/84809. (SC).22-35273
11/08/2022AppendixFiled Joint Appendix Volume 39. Nos. 84739/84741/84742/84809. (SC).22-35275
11/08/2022AppendixFiled Joint Appendix Volume 40. Nos. 84739/84741/84742/84809. (SC).22-35277
11/08/2022AppendixFiled Joint Appendix Volume 41. Nos. 84739/84741/84742/84809. (SC).22-35278
11/08/2022AppendixFiled Joint Appendix Volume 42. Nos. 84739/84741/84742/84809. (SC).22-35279
11/08/2022AppendixFiled Joint Appendix Volume 43. Nos. 84739/84741/84742/84809. (SC).22-35280
11/08/2022AppendixFiled Joint Appendix Volume 44. Nos. 84739/84741/84742/84809. (SC).22-35283
11/08/2022AppendixFiled Joint Appendix Volume 45. Nos. 84739/84741/84742/84809. (SC).22-35284
11/08/2022AppendixFiled Joint Appendix Volume 46. Nos. 84739/84741/84742/84809. (SC).22-35285
11/08/2022AppendixFiled Joint Appendix Volume 47. Nos. 84739/84741/84742/84809. (SC).22-35286
11/08/2022AppendixFiled Joint Appendix Volume 48. Nos. 84739/84741/84742/84809. (SC).22-35287
11/08/2022AppendixFiled Joint Appendix Volume 49. Nos. 84739/84741/84742/84809. (SC).22-35288
11/15/2022Notice/IncomingFiled Respondents Georgia-Pacific Gypsum LLC and Republic Environmental Technologies, Inc. Notice of Disassociation of Counsel for Sarah Ferguson. Nos. 84739/84741/84742/84809. (SC)22-35977
12/08/2022BriefFiled Appellants' Joint Opening Brief. Nos. 84739/84741/84742/84809. (SC)22-38652
01/09/2023BriefFiled Respondent Nevada Cogeneration Associates Nos. 1 and 2 Separate Answering Brief Regarding Due Process. nos. 84739/84741/84742/84809. (SC).23-00686
01/09/2023BriefFiled Respondents' Joint Answering Brief. Nos.84739/84741/84742/84809. (SC)23-00702
01/09/2023MotionFiled Respondents' Joint Request for Judicial Notice. Nos. 84739/84741/84742/84809. (SC)23-00703
01/09/2023BriefFiled Respondents' (Lincoln County Water District and Vidler Water Company, Inc.'s) Answering Brief. Re Due Process Issue B. Nos. 84739/84741/84742/84809. (SC)23-00704
01/09/2023BriefFiled Respondent's (Coyote Springs Investment, LLC) Answering Brief on Part B Due Process. Nos. 84739/84741/84742/84809. (SC)23-00706
01/17/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's response to respondents' Joint Request for Judicial Notice due: January 31, 2023. (SC)23-01560
01/31/2023MotionFiled Appellant's Opposition to Joint Request for Judicial Notice. Nos. 84739/84741/84742/84809. (SC)23-03065
02/07/2023MotionFiled Respondents' Reply in Support of Joint Request for Judicial Notice. Nos.84739/84741/84742/84809. (REJECTED PER NOTICE FILED ON 2/7/23.) (SC)23-03758
02/07/2023Notice/OutgoingIssued Notice of Rejection of Filed Document. Nos.84739/84741/84742/84809 (SC)23-03769
02/08/2023MotionFiled Respondent's Reply in Support of Respondents' Joint Request for Judicial Notice. Nos. 84739/84741/84742/84809. (SC)23-03937
02/08/2023BriefFiled Appellants' Joint Reply Brief. (SC)23-03993
02/09/2023Case Status UpdateBriefing Completed/To Screening. (SC)
02/23/2023MotionFiled Respondents' Joint Motion to Strike Appellants' Rule 28(f) Pamphlet and reply Brief. Nos. 84739/84741/84742/84809(SC)23-05568
03/02/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' opposition to motion filed on February 23, 2023 due: March 16, 2023. Nos. 84739/84741/84742/84809 (SC)23-06221
03/06/2023Notice/IncomingFiled Respondent Sierra Pacific Power Company and Nevada Power Company's Notice of Disassociation for Justina Caviglia. Nos.84739/84741/84742/84809 (SC)23-06603
03/16/2023MotionFiled Appellant's Joint Opposition to Motion to Strike OR Motion for Leave to file Sur-Reply. Nos. 84739/84741/84742/84809 (SC)23-08197
03/23/2023MotionFiled Respondents' Joint Reply to Response in Support of Motion to Strike. Nos. 84739/84741/84742/84809 (SC)23-09073
05/02/2023Order/ProceduralFiled Order Denying Motions for Judicial Notice and to Strike and Granting Motion to File Sur-Reply. Respondents' first motion asks this court to take judicial notice of five documents. Judicial notice is available only for "facts in issue or facts from which they may be inferred," NRS 47.130(1), and we generally "will not take judicial notice of records in another and different case, even though the cases are connected." Id. Applying these standards, respondents' request for judicial notice of the five documents, some of which are dated after the district court's decision in this matter, is denied. Further, to the extent respondents' reply seeks judicial notice of a bill draft request, that invitation is denied. Respondents' second motion seeks an order striking the NRAP 28(f) pamphlet attached to appellants' reply brief, which contains copies of 24 State Engineer orders and rulings, and the parts of appellants' reply brief referring to it (pages 13-16), as improperly raising new arguments and documents not part of the record; they alternatively seek leave to file a sur-reply. Respondents additionally seek attorney fees for having to file the motion to strike. Although the pamphlet does not appear to comply with NRAP 28(f) (reproduction of statutes, rules, regulations, etc.), the historical accounts contained therein might assist this court's review of this matter, and therefore, the motion to strike is denied, as is respondents' request for attorney fees as sanctions. Respondents' alternative request to file a sur-reply is granted; respondents shall have 14 days from the date of this order to file and serve a joint sur-reply consisting of no more than 5 pages.Nos. 84739/84741/84742/84809 (SC)23-13766
05/16/2023BriefFiled Respondents' Joint Sur-Reply in Response to Court Order Filed 05/02/23. Nos. 84739/84741/84742/84809 (SC)23-15489
07/06/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for August 8, 2023, at 2:00 p.m., in Carson City. The argument shall be limited to 30 minutes. Nos. 84739/84741/84742/84809 (SC)23-21535
07/20/2023Notice/IncomingFiled Respondents' (Sierra Pacific Power Company and Nevada Power Company) Notice of Appearance for Timothy Clausen and Michael Knox. Nos. 84739/84741/84742/84809 (SC)23-23250
07/26/2023Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 84739/84741/84742/84809 (SC)23-23863
07/31/2023Notice/IncomingFiled Notice of Appearance (Christian Balducci and Jordan Montet as counsel for Apex Holdings). Nos. 84739/84741/84742/84809. (SC).23-24502
07/31/2023MotionFiled Apex Holdings Motion for Leave to Appear Remotely at Oral Argument. Nos. 84739/84741/84742/84809. (SC).23-24503
08/03/2023Order/ProceduralFiled Order Granting Motion. Christian T. Balducci, counsel for respondents Apex Holding Company, LLC and Dry Lake Water, LLC, has filed a motion for leave to appear remotely at the oral argument of this matter scheduled on August 8, 2023, at 2:00 p.m. The motion is granted. No later than Friday, August 4, 2023, counsel shall submit to the clerk of this court notice of counsel's email address where login information for the oral argument may be sent. The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. Nos. 84739/84741/84742/84809. (SC)23-24884
08/03/2023MotionFiled Respondent's (Coyote Springs Investment, LLC) Motion for Leave to Appear Remotely at Oral Argument. Nos. 84739/84741/84742/84809. (SC)23-24926
08/07/2023Order/ProceduralFiled Order Granting Motion. William L. Coulthart, counsel for respondent Coyote Springs Investment, LLC, has filed a motion for leave to appear remotely at the oral argument of this matter scheduled on August 8, 2023, at 2:00 at 2:00 p.m. The motion is granted. No later than Monday, August 7, 2023, at 5:00 p.m., counsel shall submit to the clerk of this court notice of counsel's email address where login informaiton for the oral argument may be sent. The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. Nos. 84739/84741/84742/84809. (SC)23-25244
08/08/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. NO.84739/84741/84742/84809(SC)
08/10/2023Order/ProceduralFiled Order Consolidating Appeals. The appeal in Docket No. 85137 is consolidated with the appeals in Docket Nos. 84739,84741, 84742, and 84809 for all appellate purposes. (SC)23-25936
08/10/2023Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the En Banc Court as of the date of this order on the briefs filed herein. (SC)23-25998
01/03/2024Notice/IncomingFiled Respondent's (Church of Jesus Christ of Latter-day Saints) Notice of Change of Address for Severin Carlson and Sihomara Graves. Nos. 84739/84741/84742/84809/85137. (SC)24-00192
01/25/2024Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court En Banc. Author: Lee, J. Majority: Cadish/Stiglich/Pickering/Hendon/Lee/Parraguirre/Bell 140 Nev. Adv. Opn. No. 4. En Banc. Nos. 84739/84741/84742/84809/85137. (SC).24-02906
02/12/2024Post-Judgment PetitionFiled Respondent's (Lincoln County Water District and Vidler Water Company, INC.)Petition for Rehearing. Nos.84739*, 84741, 84742, 84809, 85137(SC)Y24-05175
02/12/2024Filing FeeFiling fee paid. E-Payment $150.00 from Karen A. Peterson(SC)
02/12/2024Notice/IncomingFiled Respondent's (Coyote Springs Investment, LLC) Joinder in Respondents' (Lincoln County Water District's and Vidler Water Company, Inc.'s) Petition for Rehearing. Nos. 84739/84741/84742/84809/85137. (SC)Y24-05218
02/14/2024Post-Judgment PetitionFiled Respondents' (Georgia Pacific Gypsum and Republic Environmental Technologies) Joinder to Respondent Lincoln County Water District's and Vidler Water Company, Inc.'s Petition for Rehearing. Nos. 84739/84741/84742/84809/85137. (SC)Y24-05612
02/14/2024Filing FeeFiling fee paid. E-Payment $150.00 from Lucas M. Foletta. Nos. 84739/84741/84742/84809/85137. (SC)
02/15/2024Notice/IncomingFiled Respondent's (Nevada Cogeneration Associates Nos. 1 and 2) Joinder in Respondents' (Lincoln County Water District's and Vidler Water Company, Inc.'s) Petition for Rehearing. Nos. 84739/84741/84742/84809/85137. (SC)Y24-05733