Oral Arguments in Water Property Rights Case
On March 3, 2020, the Nevada Supreme Court will hear oral arguments in a case concerning the application of the public trust doctrine to Nevada’s water rights system. Docket No. 75917.
This case will have a major impact on how water rights are analyzed under the law in Nevada. The case is loaded up with heavy-hitting amicus briefs emphasizing a variety of issues. The Court has allowed the parties to cede some of their argument time for amici to argue, and has provided 30 minutes for the appellant-side participants and 30 minutes for the respondent-side participants. This is highly unusual, as usually amici are not provided any time at the podium at oral argument.
It will be fascinating to see how this one shakes out.
(Full disclosure: I am involved in this case along with the Pacific Legal Foundation as one of the amici in support of the respondents)