Department of Conservation & Natural Resources v. Foley

OPINION

By the Court,

Hardesty, J.:

This appeal raises questions of interpretation of the statutory scheme under which the appellant, the Nevada Department of Conservation and Natural Resources, Division of Water Resources *79(the Division),1 regulates water rights held by Nevada landowners. Because of Nevada’s arid geography, vital public policy considerations dictate that the Division, through the State Engineer, monitor the beneficial use of water rights. This oversight occasionally requires cancellation of water rights due to forfeiture from lack of use or development. In this case, we resolve…