In re Nevada State Engineer Ruling No. 5823

Summary

The Supreme Court of Nevada held that NRS 533.450(1) does not limit subject matter jurisdiction over appeals from State Engineer decisions to the county where an applicant's water rights are located. The statute contemplates multiple potential forums, and the general forum provision concerns venue rather than subject matter jurisdiction; the court vacated the dismissal and remanded for a determination of venue.

Holdings

1. NRS 533.450(1) does not limit subject matter jurisdiction according to the location of an applicant's actual or proposed water rights. The statute grants judicial review to any aggrieved person whose interests are affected and contemplates multiple permissible forums depending on the location, nature, and origin of the interests allegedly affected.
2. The requirement that review be initiated in the proper court of the county where the affected matters or a portion thereof are situated is a venue requirement, not a limitation on subject matter jurisdiction. An improper county therefore does not require dismissal for lack of subject matter jurisdiction and may be addressed through a change-of-venue procedure.

Questions Presented

1. Whether NRS 533.450(1) limits subject matter jurisdiction for judicial review of a State Engineer decision to the county where the applicants' actual or proposed water rights are located.
2. Whether the forum clause in NRS 533.450(1), requiring proceedings to be initiated in the proper court of the county where the affected matters or a portion thereof are situated, concerns venue rather than subject matter jurisdiction.
3. Whether the district court erred by dismissing the petitions without determining venue or considering the administrative record.

Disposition

vacated