Carson City v. Estate of Lompa

OPINION

The City sought to condemn a parcel of real property and all water appropriated from the point of diversion located thereon as evidenced by Certificate No. 5404 issued by the State Engineer. The parties stipulated to the value of the parcel of real property and submitted to the jury only the task of deciding the value of the water right. The jury fixed that value at $33,000, which amount is not challenged. The appellant does appear to contend, however, that a water right is not subject to condemnation.

When a right to use water has become fixed either by actual diversion and application…