United States v. State Engineer

27 P.3d 51, 117 Nev. 585, 117 Nev. Adv. Rep. 49, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20028, 2001 Nev. LEXIS 53
CourtNevada Supreme Court
DecidedJuly 24, 2001
Docket32740
StatusPublished
Cited by14 cases

This text of 27 P.3d 51 (United States v. State Engineer) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. State Engineer, 27 P.3d 51, 117 Nev. 585, 117 Nev. Adv. Rep. 49, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20028, 2001 Nev. LEXIS 53 (Neb. 2001).

Opinions

OPINION

Per Curiam:

This appeal requires us to examine the scope and constitutionality of NRS 533.503, which regulates the issuance of state water appropriation permits that allow livestock to be watered on public lands. Respondent, State Engineer, State of Nevada (State [587]*587Engineer), denied nine applications filed by the United States Department of the Interior, Bureau of Land Management (BLM), for stockwater permits on public lands in Douglas County, Nevada. The State Engineer issued the denials after finding that the BLM was not a qualified applicant for stockwater permits, because it could not establish that it was “legally entitled to place the livestock on the public lands” pursuant to NRS 533.503. The BLM petitioned the district court for judicial review of the State Engineer’s ruling. The district court denied the petition for judicial review and upheld the ruling of the State Engineer.

On appeal, the BLM contends that the plain language of NRS 533.503authorizes the State Engineer to issue stockwater permits to the BLM. In the alternative, the BLM contends that if NRS 533.503does not authorize the issuance of stockwater permits to the BLM, the statute is unconstitutional. We conclude that NRS 533.503is unambiguous and that the plain language of the statute does not prohibit the BLM from receiving stockwater permits in the name of the United States. Thus, the statute does not violate the federal or state constitutions. We therefore reverse the order of the district court and remand the matter for the district court to enter an order granting the petition for judicial review.

FACTS

On April 7, 1997, the State Engineer issued Ruling No. 4519, denying nine applications filed by the BLM for permits to appropriate public waters in Douglas County, Nevada. These applications were filed between 1991 and 1994. The BLM also has approximately ninety additional stockwater permit applications pending with the Office of the State Engineer. The nine applications sought to appropriate water from Red Canyon Springs, 5 O’clock Spring, Pinyon Spring, Buena Suerte Spring, and Winter’s Mine Springs. The springs are located on BLM managed public lands within Douglas County, Nevada. The applications indicated that the water would be primarily appropriated for stockwatering purposes, with a minor amount of water to be used for the secondary purposes of wildlife and recreational use. The BLM filed the applications in the name of the appellant, United States.

In the applications, the BLM does not assert that it owns, or has a proprietary interest in any livestock that would be benefited by a stockwatering permit. The applications state that the BLM desires to appropriate the water for purposes of granting water rights to individuals seeking to obtain grazing permits from the BLM. If granted, the BLM, rather than the State of Nevada, would have the ultimate say in the distribution and use of the [588]*588stockwater rights amongst competing interests in the livestock industry.

The State Engineer found that the sources of water sought to be appropriated by the BLM would not interfere with existing water rights because they are isolated springs and not tributaries to other surface water sources on which there are existing water rights. The State Engineer concluded, however, that the BLM was not a qualified applicant for a stockwater permit. The State Engineer’s determination was based upon an opinion issued by the Nevada Attorney General’s office, dated February 11, 1997, which concluded that NRS 533.503 prohibits the State Engineer from issuing stockwater permits to the BLM, because the BLM is not a person who is authorized to graze livestock upon public lands. 97-05 Op. Att’y Gen. 27-64 (1997).

The BLM petitioned the district court for judicial review of the State Engineer’s denial of its permit applications. Following a hearing, the district court denied the petition and affirmed the State Engineer’s decision. The BLM timely appealed.1

DISCUSSION

The BLM contends that the plain language of NRS 533.503 authorizes the State Engineer to issue stockwater permits to the United States in its own name and that the State Engineer should have granted the nine applications in question. NRS 533.503 provides that:

1. The state engineer shall not issue:
(a) A permit to appropriate water for the purpose of watering livestock on public lands unless the applicant for the permit is legally entitled to place the livestock on the public lands for which the permit is sought.
(b) A certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock on public lands unless the person who makes satisfactory proof that the water has been beneficially used is legally entitled to place on the land the livestock which have been watered pursuant to the permit.
2. This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.

(Emphasis added.)

[589]*589Specifically, the BLM contends that the phrase “legally entitled’ ’ is not ambiguous and means that either the landowner, or a person with the landowner’s permission to use the land, is “legally entitled” to place livestock on the land. According to the BLM, the United States may be issued stockwater permits because, as the landowner, it is “legally entitled” to place livestock on the lands for which the permit is sought.

To the contrary, the State Engineer contends that “legally entitled to place the livestock on the public lands for which the permit is sought” means that the applicant must have a legal right to place livestock on public lands. Livestock cannot be placed upon public lands without a grazing permit or lease. Thus, the State Engineer reasons that since the United States, through the BLM, does not possess either a grazing permit or lease, it cannot qualify for a stockwater permit.

Statutory construction is a question of law which this court reviews de novo. See Associated Bldrs. v. So. Nev. Water Auth., 115 Nev. 151, 156, 979 P.2d 224, 227 (1999). However, the appropriation of water in Nevada is governed by statute, and the State Engineer is authorized to regulate water appropriations. See

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Cite This Page — Counsel Stack

Bluebook (online)
27 P.3d 51, 117 Nev. 585, 117 Nev. Adv. Rep. 49, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20028, 2001 Nev. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-state-engineer-nev-2001.