anti-speculation doctrine (Nevada) · Go Syfert
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anti-speculation doctrine in Nevada

11 Nevada opinions name it 1 courts 2006–2026 4 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Sierra Pac. Indus. v. Wilsongreen
nev · 2019 · cited in 4 Nevada opinions naming this issue, 2025–2026
2 sentences

2026Indus. v. Wilson, 135 Nev. 105 , 110, 440 P.3d 37, 41 (2019) (holding that the anti-speculation doctrine, which prevents water right holders from retaining their water rights 1Although Egger argues on appeal that progress on its change applications was delayed due to Department of Interior Order 3395 during the COVID-19 pandemic, we do not consider this here as Egger made no mention of the impacts of the pandemic in its 2019 or 2020 extension requests.

2025Indus. v. Wilson, 135 Nev. 105 , 105-06, 440 P.3d 37, 39 (2019) (considering when a permittee may sell its water rights to a third party without violating the anti-speculation doctrine that arises from the beneficial-use requirement).

44
Bacher v. Office of the State Engineergreen
nev · 2006 · cited in 4 Nevada opinions naming this issue, 2008–2019
2 sentences

2019Background on the anti-speculation doctrine The anti-speculation doctrine "precludes speculative water right acquisitions without a showing of beneficial use." Bacher , 122 Nev. at 1119 , 146 P.3d at 799 .

2019Background on the anti-speculation doctrine The anti-speculation doctrine "precludes speculative water right acquisitions without a showing of beneficial use." Bacher , 122 Nev. at 1119 , 146 P.3d at 799 .

44
Front Range Res., LLC v. Colo. Ground Water Comm'ngreen
colo · 2018 · cited in 3 Nevada opinions naming this issue, 2019–2019
2 sentences

2019We adopt Colorado's ruling in Front Range Resources, LLC v. Colorado Ground Water Commission , 415 P.3d 807 , 813 (Colo. 2018) -that a generic option contract does not save an applicant from the anti-speculation doctrine-and conclude that the State Engineer abused his discretion in determining, on this scant record, that Intermountain's averred option agreements satisfied the anti-speculation doctrine.

2019See Bacher, 122 Nev. at 1120 , 146 P.3d at 799 (requiring an agency or contractual relationship with the party committed to put the water to beneficial use); see also Front Range, 415 P.3d at 813 (holding that a generic option agreement was too speculative to overcome the anti-speculation doctrine); Desert Irrigation, 113 Nev. at 1057 , 944 P.2d at 841 (requiring "actual evidence" of reasonable diligence to approve an extension request).

33
Desert Irrigation, Ltd. v. State of Nevadagreen
nev · 1997 · cited in 3 Nevada opinions naming this issue, 2019–2019
2 sentences

2019See Bacher, 122 Nev. at 1120 , 146 P.3d at 799 (requiring an agency or contractual relationship with the party committed to put the water to beneficial use); see also Front Range, 415 P.3d at 813 (holding that a generic option agreement was too speculative to overcome the anti-speculation doctrine); Desert Irrigation, 113 Nev. at 1057 , 944 P.2d at 841 (requiring "actual evidence" of reasonable diligence to approve an extension request).

2019See Bacher, 122 Nev. at 1120 , 146 P.3d at 799 (requiring an agency or contractual relationship with the party committed to put the water to beneficial use); see also Front Range, 415 P.3d at 813 (holding that a generic option agreement was too speculative to overcome the anti-speculation doctrine); Desert Irrigation, 113 Nev. at 1057 , 944 P.2d at 841 (requiring "actual evidence" of reasonable diligence to approve an extension request).

33
Pyramid Lake Paiute Tribe of Indians v. Riccigreen
nev · 2010 · cited in 3 Nevada opinions naming this issue, 2019–2019
2 sentences

2019Pyramid Lake Paiute Tribe of Indians v. Ricci, 126 Nev. 521 , 525, 245 P.3d 1145 , 1148 (2010) (stating that this court "review[s] purely legal questions without deference to the State Engineer's ruling").

2019Pyramid Lake Paiute Tribe of Indians v. Ricci, 126 Nev. 521 , 525, 245 P.3d 1145 , 1148 (2010) (stating that this court "review[s] purely legal questions without deference to the State Engineer's ruling").

23
Adaven Management, Inc. v. Mountain Falls Acquisition Corp.green
nev · 2008 · cited in 3 Nevada opinions naming this issue, 2019–2019
2 sentences

2019In this manner, the anti-speculation doctrine limits "an entity's ability to demonstrate beneficial use when it [does] not have definite plans to put water to beneficial use or a contractual relationship with an entity that ha[s] such plans." Adaven Mgmt., Inc. v. Mountain Falls Acquisition Corp., 124 Nev. 770 , 777, 191 P.3d 1189 , 1194 (2008).

2019In this manner, the anti-speculation doctrine limits "an entity's ability to demonstrate beneficial use when it [does] not have definite plans to put water to beneficial use or a contractual relationship with an entity that ha[s] such plans." Adaven Mgmt., Inc. v. Mountain Falls Acquisition Corp., 124 Nev. 770 , 777, 191 P.3d 1189 , 1194 (2008).

23
Secretary of State v. STATE LEGISLATUREgreen
nev · 2004 · cited in 1 Nevada opinions naming this issue, 2026–2026
2 sentences

2026See Heller v. Leg. of State of Nev., 120 Nev. 456, 461 , 93 P.3d 746, 749 (2004) ("Although neither the Legislature nor the Secretary has addressed standing [under NRS 34.170] in the documents before us, we necessarily reach the issue, as it affects our original jurisdiction." (emphasis added)); Doe v. Bryan, 102 Nev. 523, 525 , 728 P.2d 443, 444 (1986) (discussing standing as an element of this court's "long history of requiring an actual justiciable controversy as a predicate to judicial relief').

2026See Heller v. Leg. of State of Nev., 120 Nev. 456, 461 , 93 P.3d 746, 749 (2004) ("Although neither the Legislature nor the Secretary has addressed standing [under NRS 34.170] in the documents before us, we necessarily reach the issue, as it affects our original jurisdiction." (emphasis added)); Doe v. Bryan, 102 Nev. 523, 525 , 728 P.2d 443, 444 (1986) (discussing standing as an element of this court's "long history of requiring an actual justiciable controversy as a predicate to judicial relief').

11
Doe v. Bryangreen
nev · 1986 · cited in 1 Nevada opinions naming this issue, 2026–2026
2 sentences

2026See Heller v. Leg. of State of Nev., 120 Nev. 456, 461 , 93 P.3d 746, 749 (2004) ("Although neither the Legislature nor the Secretary has addressed standing [under NRS 34.170] in the documents before us, we necessarily reach the issue, as it affects our original jurisdiction." (emphasis added)); Doe v. Bryan, 102 Nev. 523, 525 , 728 P.2d 443, 444 (1986) (discussing standing as an element of this court's "long history of requiring an actual justiciable controversy as a predicate to judicial relief').

2026See Heller v. Leg. of State of Nev., 120 Nev. 456, 461 , 93 P.3d 746, 749 (2004) ("Although neither the Legislature nor the Secretary has addressed standing [under NRS 34.170] in the documents before us, we necessarily reach the issue, as it affects our original jurisdiction." (emphasis added)); Doe v. Bryan, 102 Nev. 523, 525 , 728 P.2d 443, 444 (1986) (discussing standing as an element of this court's "long history of requiring an actual justiciable controversy as a predicate to judicial relief').

11
Office of the State Engineer v. Morrisgreen
nev · 1991 · cited in 1 Nevada opinions naming this issue, 2026–2026
1 sentence

2026See Off. of the State Eng’r v. Morris, 107 Nev. 699, 701 , 819 P.2d 208, 205 (1991) (stating that, in reviewing findings of the State Engineer, this court is limited to “a determination of whether substantial evidence in the record supports the State Engineer’s decision” (emphasis added)).

11
City of Thornton v. Bijou Irrigation Co.green
colo · 1996 · cited in 1 Nevada opinions naming this issue, 2008–2008
2 sentences

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Municipal Subdistrict, Northern Colorado Water Conservancy District v. Oxy USA, Inc.green
colo · 1999 · cited in 1 Nevada opinions naming this issue, 2008–2008
1 sentence

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Upper Black Squirrel Creek Ground Water Management District v. Gossgreen
colo · 2000 · cited in 1 Nevada opinions naming this issue, 2008–2008
1 sentence

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Jaeger v. Colorado Ground Water Comissiongreen
colo · 1987 · cited in 1 Nevada opinions naming this issue, 2008–2008
1 sentence

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Nielson v. Newmyergreen
colo · 1951 · cited in 1 Nevada opinions naming this issue, 2008–2008
1 sentence

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Bayou Land Co. v. Talleygreen
colo · 1996 · cited in 1 Nevada opinions naming this issue, 2008–2008
1 sentence

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Revert v. Raygreen
nev · 1979 · cited in 1 Nevada opinions naming this issue, 2006–2006
2 sentences

2006Revert v. Ray, 95 Nev. 782, 786 , 603 P.2d 262, 264 (1979).

2006Revert v. Ray, 95 Nev. 782, 786 , 603 P.2d 262, 264 (1979).

11

Distinguished, questioned or overruled (3)

CaseNegativeCited
City of Thornton v. Bijou Irrigation Co.green
colo · 1996 · cited in 1 Nevada opinions naming this issue, 2008–2008
2 sentences

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Colorado Ground Water Commission v. North Kiowa-Bijou Groundwater Management Districtgreen
colo · 2003 · cited in 1 Nevada opinions naming this issue, 2008–2008
1 sentence

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11
Colorado River Water Conservation District v. Vidler Tunnel Water Co.green
colo · 1979 · cited in 1 Nevada opinions naming this issue, 2008–2008
2 sentences

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

2008But see City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 37 (Colo. 1996) (“Although Vidler has most often been cited as defining the anti-speculation doctrine, we did not articulate a new legal requirement in that case, but rather merely applied longstanding principles of Colorado water law.”). 15 Vidler, 594 P.2d at 566-67 . 16 Id. at 568 . 17 Id. at 567 . 18 Id. at 568-69 . 19 Id. at 569-70 . 20 See, e.g., Ground Water Com’n v. North Kiowa-Bijou, 77 P.3d 62, 80 (Colo. 2003) (holding that the anti-speculation doctrine applies to application for determination of a Denver Basin designated

11

Also cited on this issue (1)

CaseCitedYears
Office of the State Engineer v. Curtis Park Manor Water Users Ass'n green
nev · 1985
2 sentences

2019SUPREME COLMT OF NEVADA 2 (0) 1947& ce0c) extending permanent water rights." Id.

2019SUPREME COLMT OF NEVADA 2 (0) 1947& ce0c) extending permanent water rights." Id.

22019–2019

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 533.025 (7) NV § Nev. Rev. Stat. § 533.045 (5) NV § Nev. Rev. Stat. § 533.370 (5) NV § Nev. Rev. Stat. § 533.395 (4) NV § Nev. Rev. Stat. § 233B.135 (3) NV § Nev. Rev. Stat. § 533.035 (3) NV § Nev. Rev. Stat. § 533.380 (3) NV § Nev. Rev. Stat. § 533.400 (3) NV § Nev. Rev. Stat. § 534.020 (3) NV § Nev. Rev. Stat. § 534.090 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CO 19 (1987–2025) NV 11 (2006–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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