Egger Enterprises, LLC v. State Engineer

Summary

The Supreme Court of Nevada affirmed the denial of Egger Enterprises, LLC’s petition for judicial review of a State Engineer decision declaring portions of its water rights forfeited for nonuse. The court held that NRS 534.090(3) does not require the State Engineer to make findings on factors irrelevant to a request for an extension, and that substantial evidence supported the denial of a further extension. The court also held that equitable relief was unavailable because the water had not been put to beneficial use and no estoppel applied.

Holdings

1. NRS 534.090(3) requires the State Engineer to consider the enumerated factors that are relevant to the request, but does not require findings on factors that are irrelevant or inapplicable to the applicant's showing of good cause.
2. Substantial evidence supported the State Engineer's determination that Egger lacked good cause for a further extension and that the unused portions of its water rights were subject to forfeiture.
3. Equitable relief was unavailable because Egger failed to beneficially use the water, no estoppel based on State Engineer error was shown, and reinstatement would not satisfy the governing equitable considerations.

Questions Presented

1. Whether NRS 534.090(3) requires the State Engineer to make findings on every enumerated factor before denying a water-right forfeiture extension.
2. Whether substantial evidence supported the State Engineer's determination that Egger lacked good cause for another extension and that portions of its water rights were forfeited.
3. Whether Egger was entitled to equitable relief reinstating its forfeited water rights.

Disposition

affirmed