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Nevada Supreme Court ruling shakes up groundwater rights

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Nevada Supreme Court ruling shakes up groundwater rights


RENO, Nev. (AP) — A Nevada Supreme Courtroom ruling on Thursday has set new precedent for a way the state can handle groundwater in areas with extreme drought.

In a 4-3 ruling issued Thursday to settle a water dispute in Diamond Valley, a rural Eureka County farm space, the court docket mentioned groundwater administration plans established in areas which might be dropping groundwater provide shortly can deviate from the longstanding senior water rights doctrine.

Nevada’s high water official, the state engineer, has authority to control water within the Diamond Valley space of Eureka County underneath a groundwater administration plan accredited by native farmers and water customers even when the plan deviates from present state water legislation, the state excessive court docket mentioned.

In reversing a choice by a Eureka County District Courtroom decide, the justices dominated that in some circumstances, water-use plans can deviate from longstanding “precedence doctrine,” which supplies premium rights to senior water customers who’ve owned their land the longest.

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The West is experiencing a greater than 20-year megadrought. Scientists say the area has develop into a lot hotter and drier in latest many years and that local weather change will proceed to make climate extra excessive, wildfires extra frequent and damaging, and water provides much less dependable.

Within the agricultural Diamond Valley, extreme drought and many years of water overuse have led to battles over a groundwater provide depleted as a result of it’s unable to recharge naturally.

Because of this, it has been designated a Important Administration Space, the one space within the state carrying such a designation.

As a result of the purpose of the groundwater administration plan is to erase the realm’s “crucial” standing, the court docket mentioned the state engineer can take motion in ways in which deviate from the “precedence doctrine,” the court docket mentioned.

The deviations are allowed provided that the plan has been accredited by each the engineer and a majority of water-users throughout the critically designated space, the court docket mentioned. It referred to as the administration plan accredited in Diamond Valley a community-based resolution to long-term water shortages within the valley.

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“We acknowledge that our opinion will considerably have an effect on water administration in Nevada,” Justice James Hardesty wrote for almost all. The court docket ruling was first reported by the Nevada Unbiased.

“We’re of the assumption, nonetheless, that — given the arid nature of this State — it’s notably necessary that we effectuate the plain that means of a statute that encourages the sustainable use of water,” Hardesty wrote.

Kyle Roerink, government director of the Nice Basin Water Community, mentioned the ruling underscored ongoing pressure over water use within the West, the place doctrines lengthy have separated junior and senior holders of water rights.

“This ruling places a magnifying glass on that pressure,” Roerink mentioned.

It comes as farmers in lots of components of the state are refiguring which and what number of crops they will develop amid drought and rising prices on account of inflation.

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“We’re risking much more after we go and put in a seed within the floor than we have been final yr,” mentioned Eric Hull, basic supervisor of Winnemucca Farms, a Humboldt County operation that he referred to as the most important irrigated farm within the state. “And in a harder surroundings with quite a bit much less water,” he added.

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Stern is a corps member for the Related Press/Report for America Statehouse Information Initiative. Report for America is a nonprofit nationwide service program that locations journalists in native newsrooms to report on undercovered points. Comply with Stern on Twitter.





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Nevada

Former Nevada congressional candidate appealing murder case to Supreme Court

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Former Nevada congressional candidate appealing murder case to Supreme Court


LAS VEGAS, Nev. (FOX5) – A former Nevada congressional candidate accused of killing a man is appealing his case to the Supreme Court.

Daniel Rodimer challenged Representative Susie Lee back in 2020. He was identified as a suspect in the murder of 47-year-old Christopher Tapp on. October 29, 2023.

Rodimer made his first court appearance back in April last year.

PREVIOUS: Dan Rodimer makes first court appearance in Las Vegas murder case

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His attorney, David Chesnoff, confirmed to FOX5 that he will be appealing the case. The appeal involves the judge’s denial of a Writ of Habeus Corpus.

Chesnoff mentioned three points: The state presented hearsay evidence of an alleged conversation, the state failed to instruct the grand jury on the impact that drug use has on credibility, and a detective’s testimony violated the Ultimate Issue Rule by stating his conclusion that this case is not a slip and fall, and directly declaring his opinion as to the petitioner’s guilt.

He submitted the writ in August and it was denied in September. He said the “writ was meritorious.”

MORE: Witness: Ex-pro wrestler, Congressional candidate ‘tackled’ victim at Halloween party before his death

Tapp suffered from multiple brain bleeds and died Nov. 5, 2023. Detectives learned that Tapp was in an altercation inside a room at a resort before being located and transported.

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Rodimer lost to Lee by about 13,000 votes. Afterward, Rodimer moved to Texas and ran as a Republican in District 6 in a special election, but lost.



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Upcoming legislative session bill would limit corporations buying single family homes in Nevada

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Upcoming legislative session bill would limit corporations buying single family homes in Nevada


LAS VEGAS, Nev. (FOX5) – For many families, the American Dream of home ownership now seems out of reach. There’s a push to change that and bring housing costs down in Nevada by limiting corporate buyers from pricing out families and individual buyers.

“You wouldn’t even know it, but this street, this whole entire street, is owned by a corporate investor. They built the houses and then they rent them out,” explained State Senator Dina Neil, who represents District Four including the North Las Vegas neighborhood where she met FOX5 for an interview.

“In this environment, the corporate owner is the only one reaping the benefit of the asset, not the family itself. Our Nevada citizens are actually being locked out,” Neal contended. Neal wants single family homes to be affordable for Nevada families.

“Fifteen percent of the market is owned by corporate investors and so this is going to change the narrative,” Neal argued. Her bill for the upcoming legislative session next month would require an investor to register with the Secretary of State, file as their deed as an investor, and limit them to buying 100 single family homes in Nevada per year.

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“The reason why I’m able to legally do this is because the legislature has police powers when we’re in a crisis…We’ve been in a housing crisis for over four or five years,” Neal reported.

A CCSD teacher of ten years who wants to remain anonymous recently reached out to FOX5 about being unable to afford a home in the Las Vegas area.

“I think the average teacher that has either just started teaching or has around ten years of experience are right around the $60,000 salary mark and there’s just no homes in our budget,” the teacher stated. About half her income goes to rent. Still, she is cutting costs wherever she can to save up to hopefully one day afford a down payment.

“As a professional, you go to school and you get this degree to really help your community and we’re in this position where we can’t even live the lifestyle we want in this profession and it’s just becoming just very sad,” she confessed.

Neal brought a similar bill last legislative session but says it was vetoed by the governor. That is not deterring her from trying again.

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Earlier this year, Nevada Senator Jacky Rosen also proposed legislation to go after corporate investors who she says are price gouging Nevadans and inflating costs in the housing market legislation called the HOME Act. It was referred to the Committee on Banking, Housing, and Urban Affairs.



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Inmate stabbed to death in Nevada State Prison

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Inmate stabbed to death in Nevada State Prison


LAS VEGAS, Nev. (FOX5) – The Nevada Department of Corrections has confirmed an inmate is dead due to a stabbing incident at High Desert State Prison.

According to NDOC on Jan. 15, 43-year-old Michael Dorotiak died at University Medical Center in Las Vegas.

Dorotiak was serving a sentence of 28 to 72 months at the maximum security prison for coercion.

Officials report an autopsy was requested and the family of Dorotiak have been notified.

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Dorotiak was transferred from Clark County on Sept. 27, 2024.

The incident is under investigation.

This is a developing story.



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