Ormsby County v. Kearney
Nevada Supreme Court
No. 2107. Original proceeding in prohibition by Ormsby County to prohibit the State Engineer from proceeding under the water law of 1913 (Stats. 1913, c. 140) to determine the relative rights of the appropriators and users of waters of Clear Creek. No. 2115. Appeal from the Sixth Judicial District Court, Humboldt County; Edwin A. Ducker, Judge.
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No. 2107. Original proceeding in prohibition by Ormsby County to prohibit the State Engineer from proceeding under the water law of 1913 (Stats. 1913, c. 140) to determine the relative rights of the appropriators and users of waters of Clear Creek. No. 2115. Appeal from the Sixth Judicial District Court, Humboldt County; Edwin A. Ducker, Judge. Suit by Johannes Anderson and others against W. M. Kearney, as State Engineer, to restrain him from taking proceedings under the water law of 1913 (Stats. 1913, c. 140), to determine the right of complainants and others to appropriations of the water…
1Opinion of the Court
Opinion by
Norcross, J.
(after stating the facts) :
The water law of 1913 contains ninety sections and was manifestly designed to be a comprehensive statute covering the water law of this state. Many of the provisions of the act are not questioned in these proceedings. Those sections only are attacked which authorize the state engineer to determine the relative rights of the appropriators of water upon the streams in this state, which provide for appeals to the courts from the determinations made by him, and which provide for state control, through the office of the state engineer, of the…
2Cases cited45 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Reetz v. MichiganSupreme Court of the United States · 1903
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3Cited by44 opinions
- Galloway v. TruesdellNevada Supreme Court · 1967
- Application of FilippiniNevada Supreme Court · 1949
- Hage v. United StatesUnited States Court of Federal Claims · 1996
- In Re Waters of Manse SpringNevada Supreme Court · 1940
- Vineyard Land & Stock Co. v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of ElkoNevada Supreme Court · 1918
39 more not listed; retrieve them via the Exa API.