Nevada is implementing a new approach to the adjudication of water law cases, aiming to improve the efficiency and specialization of its judicial system in this area. Recognizing the increasing demands on court resources due to dwindling water resources, the Nevada Supreme Court formed a Commission to Study the Adjudication of Water Law Cases on March 9, 2021. The commission's purpose was to make recommendations for enhancing education, training, specialization, timeliness, and efficiency within Nevada's district courts regarding water law cases.
The Commission consisted of experienced water law professionals, key stakeholders, and members of the Nevada judiciary. It conducted seven meetings between April 16, 2021, and December 15, 2022. During these sessions, various adjudication models from other jurisdictions were studied. These ranged from dedicated water courts to certified specialized water law judges. Input was also gathered from public stakeholders and organizations like the Nevada Division of Water Resources and The Nature Conservancy.
The Commission concluded that appointing specially educated district court judges in each jurisdiction would best serve Nevada's needs. Subcommittees developed experience and education requirements for certification as specialty water law judges and proposed rules for case assignments. A final report with recommendations was submitted to the Nevada Supreme Court on December 22, 2022. Following a public hearing on March 21, 2023, an "Order Adopting Rules and Curriculum Related to Specialized Education and Appointment of Specialty Water Judges" was filed on July 7, 2023.
A three-year pilot program began in January 2024 requiring certified judges to hear water law cases. Initial certification involves submitting a letter of interest, resume, application to the Nevada Supreme Court, and attending a two-day training session held at Carson City’s Supreme Court building by the Administrative Office of the Courts’ Judicial Branch Training Unit.
Eleven judges attended training covering topics such as Hydrogeology and The Law of Prior Appropriation based on subcommittee recommendations. Recorded sessions are available for those unable to attend in person. Continuing legal education will be provided with support from various providers ensuring access to relevant materials.
Certified judges received certificates from the Chief Justice recorded in their Judicial Education Records by the Administrative Office of the Courts (AOC). Currently certified judges come from eight out of eleven judicial districts; certification is pending for remaining districts.
Supreme Court Rule 18 outlines procedures for assigning cases related to petitions under NRS Chapters concerning vested water rights or decisions reviewable under NRS provisions. Cases meeting criteria must be assigned randomly among designated district court judges unless no judge has been appointed—then authority goes to Chief Justice per section guidelines which include reporting requirements back through annual status reports aiding evaluation toward permanent model adoption after pilot duration concludes.
Details about commission membership composition list rules recommended education curriculum are accessible online via: https://nvcourts.gov/aoc/committees_and_commissions/water_law/overview