State v. Morros
Nevada Supreme Court
766 P.2d 263 (1988)
- Written by Melanie Moultry, JD
Facts
The Bureau of Land Management (BLM) (defendant) managed federal land surrounding the Blue Lake in Nevada. The BLM and the United States Forest Service (USFS) (defendant) submitted permit applications to Nevada State Engineer Peter Morros (state engineer) (defendant) for the provision of water to livestock and wildlife located on the land. The state engineer granted the permits. Various state entities (plaintiffs) sought review of the state engineer’s decision in federal district court, arguing that federal ownership of water rights was against the public interest because the water would not be available for other uses at a later date. The district court reversed the state engineer’s grant of permits, finding that the BLM and the USFS did not own the livestock or wildlife. The district court based its decision on Prosole v. Steamboat Canal Co., 140 P. 720 (1914), in which the Supreme Court of Nevada held that a party who applied water to the soil for a beneficial purpose was the actual appropriator and owner of the water right, even if another party diverted the water from its natural course. The plaintiffs appealed, and the state engineer cross-appealed along with the BLM, the USFS, and other entities.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.