ROBERT E. DICKENSON, Appellant, v. THE STATE OF NEVADA, NEVADA DEPARTMENT OF WILDLIFE, Respondent., 110 Nev. 934

Summary

The parties signed an agreement that allowed the State to enlarge a reservoir located on a creek on the land of the owner. The State enlarged the reservoir for fishing and public recreation purposes while continuing to provide irrigation water for the owner's land. The agreement stated the water rights of the owner, provided access to the owner to valves of a dam, and provided storage rights subject to stock water rights. No drawdown was permitted below the minimum pool level except as agreed. The owner opened the dam valve without the State's consent, releasing water below the minimum pool. The State argued that there was no provision in the agreement for the unilateral use of the minimum pool. The owner argued that his water rights were senior to the State's storage rights and therefore could have been satisfied by the minimum pool. The court, interpreting the provisions of the agreement in order, concluded that two provisions permitted the owner to use the reservoir at his ...