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Debbie Leonard’s Analysis of Groundwater Rights Retirement and Groundwater Conservation Easements Presented to Nevada Legislature’s Interim Natural Resources Committee. On May 10, 2024, two matters on which Debbie is working were presented to legislators who are to seeking to find solutions to Nevada’s chronically overpumped aquifers. The first was Debbie’s analysis for The Nature Conservancy (available here:  https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30417) of potential legislative changes that are needed to reconcile Nevada water law with strategies to encourage groundwater conservation. The second related to Debbie’s work for Central Nevada Regional Water Authority and Humboldt River Basin Water Authority to implement a first-of-its-kind groundwater rights retirement program through the Water Conservation and Infrastructure Initiative (https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30421). Debbie continues to be involved in projects that employ out-of-the-box approaches to ensure resource sustainability into the future.   

Debbie Leonard Again Teaches District Judges About Newly Issued Appellate Court Decisions.  For the fourth year in a row, , Debbie was invited to speak to the annual gathering of Nevada’s judges, where she presented an update of civil law opinions from the previous year. At the April 12, 2024 Nevada District Court Judges Annual Seminar, Debbie canvassed the new case law in the areas of civil procedure, arbitration, judicial review of administrative agencies, real property, contracts, torts, anti-SLAPP and attorneys’ fees, among other topics. She discussed Nevada’s evolving jurisprudence and the policy implications for litigants and practitioners.

Debbie Leonard Presents at the 2023 Nevada District Court Judges Seminar. Once again, Debbie was invited to speak to the annual gathering of Nevada’s judges, where she presented a Review of Nevada Appellate Civil Opinions from the previous year. The April 28, 2023 presentation focused on recent published decisions of the Nevada Supreme Court and Court of Appeals that discussed the scope of a district court’s discretion in granting injunctions, overseeing discovery, addressing attorney misconduct, and ordering sanctions, among other topics. She also addressed select cases that decided matters of first impression in the areas of state constitutional claims, real property disputes, and statutory interpretation.

Nevada Supreme Court Upholds Diamond Valley Groundwater Management Plan. After her recent success, Debbie Leonard was quoted in The Nevada Independent regarding the impact of the Nevada Supreme Court’s decision on the future of sustainable groundwater use in the State. Read the full article here: https://thenevadaindependent.com/article/justices-uphold-groundwater-plan-in-ruling-that-could-significantly-affect-water-managementefbfbc

Debbie Leonard Presents at the Nevada Judicial Leadership Summit. On May 6, 2022, Debbie gave a presentation entitled Civil Law Update at the Nevada Judicial Leadership Summit at Lake Tahoe, where over 100 members of the Nevada judiciary gathered for a judicial education conference. With an audience of Nevada Supreme Court justices, and judges from the Court of Appeals, District Courts, Municipal Courts, and Justice Courts, Debbie discussed the previous year’s published opinions on an array of topics, including judicial disqualification, arbitration, statutes of limitation and repose, constitutional law, and evidence.

Leonard Law Establishes Upward Bound Scholarship: Debbie recently established a scholarship endowment through the University of Nevada, Reno Foundation for students in the Upward Bound Program. Upward Bound is a college preparatory program for low income students who seek to be the first generation in their families to go to college. The scholarship will support students to further their educational goals and advance themselves personally and professionally.

Leonard Law Ranked by Best Lawyers and U.S. News & World Report. After Debbie was selected by her peers and recognized in The Best Lawyers in America earlier this year, Leonard Law has received tier 1 and 2 metropolitan rankings in the 2022 edition of U.S. News & World Report of the “Best Law Firms.” Firms that receive tier designations are recognized for professional excellence with consistently impressive ratings from clients and peers. Leonard Law was ranked in the areas of Appellate Practice, Commercial Litigation, Land Use and Zoning Law and Litigation - Land Use and Zoning. You can view Leonard Law’s ranking information here.

2021 Edition of Nevada Appellate Practice Manual Published With Debbie Leonard Once Again Serving As Lead Editor. Debbie literally “wrote the book” on appellate practice in Nevada, having served as Lead Editor of the Nevada Appellate Practice Manual since 2016. The State Bar of Nevada recently published the 2021 Edition, which received a rave review in the June 2021 Nevada Lawyer magazine. https://nvbar.org/wp-content/uploads/NevadaLawyer_June2021_Review-Nevada-Appellate-Manual.pdf. The digital download version of the Manual is available for purchase on the State Bar’s website: https://nvbar.org/news-and-publications/resources-2/books-manuals-and-references/#barpubs

Debbie Leonard Once Again Named in Nevada’s Legal Elite in 2021.  Debbie again made the list of top Northern Nevada attorney in the areas water, land and appellate practice. https://www.nevadabusiness.com/2021/06/legal-elite-2021/

Debbie Leonard Presents at the Nevada District Judges Conference. On April 23, 2021, Debbie gave a presentation entitled Civil Law Update to nearly 80 of Nevada’s district court judges as part of the Supreme Court of Nevada’s annual judicial education seminar. The purpose of the seminar was to bring district judges up to speed on the current state of civil law, with Debbie canvassing a year’s worth of Nevada Supreme Court and Court of Appeals published opinions on an array of topics, including claims, discovery, privileges, property, torts, and attorneys’ fees

Debbie Leonard is a Featured Speaker in the University of Nevada’s Career Explorations: Women in STEM Series. On April 28, 2021, Debbie spoke on the topic of Effective Communication & Conflict Resolution to college students who are exploring careers in science, technology, engineering and math. https://cewis.carrd.co/?lor=1&utm_source=mass_mailer&utm_medium=email&utm_content=741549&utm_campaign=uni_targeted_emails

Potential Water Court for Nevada. Debbie was quoted in The Nevada Independent on an anticipated proposal to study whether a water court should be established in the State.  https://thenevadaindependent.com/article/as-sisolak-administration-abandons-move-to-upend-legal-system-for-water-rights-cases-supreme-court-may-study-new-speciality-court

More on the Diamond Valley Groundwater Management Plan. The Nevada Independent recently did an in-depth article on the Diamond Valley Groundwater Management Plan featuring interviews with Debbie’s clients on the importance of their appeal to the Nevada Supreme Court. https://thenevadaindependent.com/article/in-diamond-valley-farmers-are-looking-to-protect-their-future-and-testing-the-limits-of-nevadas-water-laws

Debbie Leonard Named One Of Northern Nevada’s Top Attorneys in 2020. Debbie was recently named one of Northern Nevada’s top attorneys for 2020 in the areas of Appeals, Water & Land and Mediation. Each year Nevada Business Magazine’s Legal Elite showcases Nevada attorneys who have been recognized by their peers for their work and dedication to the legal field. Read the full article here: https://www.nevadabusiness.com/2020/06/legal-elite-2020-the-silver-states-top-attorneys/

Cold Spring Valley Temporary Groundwater Moratorium. Debbie was recently quoted in the Reno Gazette Journal from her presentation at a hearing before the Nevada Division of Water Resources regarding a temporary moratorium on the State Engineer’s development approvals in Cold Spring basin. Read the full article here: https://www.rgj.com/story/news/2020/05/29/stonegate-developers-state-underestimated-water-levels-cold-spring/5263786002/?utm_campaign=snd-autopilot

Diamond Valley Groundwater Management Plan. Debbie was recently quoted in The Nevada Independent regarding the Seventh Judicial District Court’s rejection of the Diamond Valley Groundwater Management Plan. Read the full article here: https://thenevadaindependent.com/article/district-court-judge-strikes-down-state-backed-groundwater-market-for-violating-first-in-time-first-in-right-rule

Recent Successes

Big Win for Diamond Valley Groundwater Management Plan. On June 16, 2022, the Nevada Supreme Court sided with Debbie’s arguments to uphold a first-of-its-kind, community generated groundwater management plan developed for Diamond Valley. The case turned on the meaning of a 2011 law that required the State Engineer to commence curtailment by priority in any chronically overpumped groundwater basin designated a Critical Management Area, unless a majority of water users approved a local groundwater management plan within 10 years of the designation. Reading the statute’s plain language, the Court concluded that such plans could deviate from strict prior appropriation law so long as they meet the statutory criteria. The Diamond Valley plan employs incremental water use reductions in proportion to seniority to bring the aquifer into balance over a 35-year horizon while maintaining the social and economic fabric of Eureka County. A link to the opinion can be found here:

Client’s Cancelled Water Rights Reinstated With Original Priority Dates. On July 8, 2019, the Seventh Judicial District Court of Nevada issued an order restoring the original priority dates for my client’s long-held water permits, which had been cancelled and then reinstated by the State Engineer. The Court agreed with my argument that an equitable remedy was warranted based on my client’s ongoing diligence to use the water, the substantial harm it would suffer if original priority dates were not restored, and the inconsistent noticing procedures by the State Engineer that led to cancellation of the permits in the first place.

Nevada Supreme Court Applies Anti-Speculation Doctrine to Water Permit Extension Requests. I am excited to share my recent big win in the Nevada Supreme Court in a water rights case. As a scarce resource throughout the West, water cannot be held hostage by a would-be appropriator who is speculating on future need. On May 2, 2019, the court took further steps to prevent water profiteering that violates state law and policy.

Publications

Ms. Leonard is a regular contributor to two publications on matters within her areas of practice.

Appeals: Ms. Leonard writes the “Appellate Briefs” column in the Washoe County Bar Association’s publication, The Writ, in which she discusses appellate practice tips, appeal procedures and recent Nevada Supreme Court decisions.

Water Law: Ms. Leonard is on the Editorial Board of the Western Water Law & Policy Reporter, where she writes about trends and developments in Nevada water law.

Links to both publications are available here.

 

The Writ Articles are reprinted with permission below. Western Water Law & Policy Reporter is subscription-based, so articles are not reprinted.

Nevada Supreme Court Weighs in on Public Records Issues - The Writ

 

On March 29, 2018, the Nevada Supreme Court issued an important decision that affects public entities and those who seek to follow how public officials conduct government business. In Comstock Residents Ass’n v. Lyon Cty. Bd. of Comm’rs, 134 Nev. Adv. Op. 19 (2018), the Court held that communications by public officials on private cell phones or through private email are not categorically exempt from the Nevada Public Records Act (NPRA). To reach this conclusion, the Court interpreted the statutory language in the context of modern-day communication norms that likely were not contemplated at the time of the NPRA’s enactment.

Comstock Residents Association (CRA) sued Lyon County over its approval of a zoning change for an industrial development. As part of its suit, CRA made a public records request of the County and its commissioners seeking communications regarding the zoning change approval, whether the communications were on public or private devices. The county’s website listed the commissioners’ personal phone numbers and email addresses as their contact information and conceded that the commissioners used their private phones and emails to conduct public business. Nevertheless, in response to CRA’s request, the county informed CRA that it would not produce the requested communications because it did not provide or pay for phones or email accounts for any commissioners.

CRA petitioned the district court for a writ of mandamus to compel the county to disclose responsive public records, regardless of whether they were created or maintained on private devices. The district court denied the writ petition on the basis that the records were not open to public inspection, within the county’s control, records of official county actions or paid for with public money. CRA appealed. Interpreting the statutory language and its previous decision in Las Vegas Metro. Police Dep’t v. Blackjack Bonding, Inc., 131 Nev. 80, 86, 343 P.3d 608, 613 (2015) the Supreme Court rejected the district court’s reasoning, reversed and remanded.

Records on Private Devices and Email Servers Are Open to Public Inspection

The county contended that the communications sought by CRA could not be deemed public records because they were not maintained in public offices or open to public inspection during office hours within the meaning of NRS 239.010(1). The Court disagreed. Acknowledging that the statutory language was not clear, the Court looked at other statutory provisions. Specifically, the Court noted language in NRS 239.001(4), which states: “The use of private entities in the provision of public services must not deprive members of the public access to inspect and copy books and records relating to the provision of those services.” Moreover, given that a governmental entity has five days to resolve a public records request, the Court concluded that “NRS 239.010(1) cannot be read as limiting public records to those that are physically maintained at a government location or on a government server and are immediately accessible to the public during the business hours of that governmental entity.” To do so, the Court opined, would render other statutory provisions meaningless.

In reaching this conclusion, the Court cited two precedents: In Blackjack, the Court compelled the production of public records that were in the possession of private parties. In Reno Newspapers, Inc. v. Gibbons, 127 Nev. 873, 876, 885-86, 266 P.3d 623, 625, 631 (2011), the Court required the governor to state specific reasons for withholding from disclosure emails that were sent from a state-issued email account. Pointing to this jurisprudence and the Legislature’s requirement to construe the NPRA liberally in favor of access, the Court concluded that the “only logical interpretation” of the statute regarding public inspection “does not limit what qualifies as a public record.”

As a result, the Court explained, the “proper question” for differentiating public from private records is “whether they concern ‘the provision of a public service,’” as defined in Blackjack. In that the county conceded that the commissioners conducted public business on their personal devices and email accounts, the NPRA’s emphasis on government transparency warranted the conclusion that their communications constituted “the provision of public service.” The Court pointed to numerous other jurisdictions that agree.

Records That Can be Generated or Obtained by the Commissioners are Within the County’s Control

The county also contended that the sought-after communications were not within its legal custody, as that term is defined by NAC 239.041. The Court rejected that argument, noting that the administrative regulation in question only addresses best practices for local governments’ records management programs created under NRS 239.125(1). The Court was careful not to “conflate” the regulation with what constitutes a public record under the NPRA. The commissioners’ legal custody of their own phones and emails was sufficient to make the records subject to disclosure.

Remedy

Importantly, the Supreme Court did not order that the requested documents be produced. Rather, it concluded only that the records maintained on private devices and servers are not categorically excluded from the NPRA’s scope. The Court remanded to the district court to: (1) determine whether the requested records were made in “the provision of public service” and within “the control of the county or its commissioners” and (2) consider any challenges to disclosure of any particular record on the basis of privacy or a statutory exemption.

 
Bill Nutt