SIERRA PACIFIC INDUSTRIES v. WILSON IWS LLC (2019)

ORDER DISMISSING APPEAL AND REMANDING FOR FURTHER PROCEEDINGS

This is an appeal from an order denying a petition for judicial review challenging the State Engineer's 2017 grant of extensions of water rights permits. Second Judicial District Court, Washoe County; Scott N. Freeman, Judge.

In a related appeal involving the same parties and the prior 2016 extension of the permits, this court issued an opinion reversing and remanding to the district court with directions to remand to the State Engineer to reconsider the 2016 permit extensions. Sierra Pac. Indus. v. Wilson, 135 Nev., Adv. Op. 13, ––– P.3d –––– (2019). Respondent State Engineer has moved for a voluntary remand of this appeal to permit it to reconsider administratively its 2017 extension of the permits at issue in this appeal in light of this court's recent decision. Appellant opposes the motion, and the State Engineer has filed a reply.

Having considered the arguments of the parties, and the applicability of this court's decision, the court concurs that the State Engineer should reevaluate the permit extensions as requested. Accordingly, this court dismisses this appeal and remands this matter to the district court with instructions to remand to the State Engineer to allow him to address the 2017 request for extension of time, in accordance with the Sierra Pacific ruling.

It is so ORDERED.¹

FOOTNOTES

1.   Appellant's request for judicial notice is denied as moot.