Pyramid Lake Paiute Tribe of Indians v. Washoe County

Springer, J., with whom Steffen, C. J.,

agrees, dissenting:

The trial court, in its remand order of August 31, 1992, recognized the State Engineer’s failure to abide by NRS 533.370(3),1 which commands the State Engineer to “refuse to issue the requested permit” where “its proposed use . . . threatens to prove detrimental to the public interest.” In its remand order (hereinafter “Remand”), the trial court ruled that the State Engineer had not, in issuing the subject permits, properly considered vital public interest issues raised by the protestants and sent the matter back to the State Engineer…