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RURAL COURTS: Petitions challenge water pipeline

Opponents in two counties dispute state engineer ruling

A plan to pipe groundwater to Las Vegas from eastern Nevada has drawn its first legal challenge since state regulators began approving portions of the project last year.

Pipeline opponents filed petitions in two rural courts late this week requesting a judicial review of the most recent decision granting water for the massive Southern Nevada Water Authority pipeline.


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  • On July 9, State Engineer Tracy Taylor issued a ruling that clears the way for the authority to pump more than 6 billion gallons of groundwater a year from three watersheds in Lincoln County. When stretched through reuse, the water from Cave, Delamar and Dry Lake valleys could supply almost 64,000 Las Vegas homes.

    But in a petition filed Friday in Ely, opponents argue that Taylor dramatically overestimated how much water could be safely withdrawn from the mostly empty valleys and underestimated how much water should be held in reserve to supply future development there.

    Speaking on behalf of the petitioners, Bob Fulkerson said the decision was made to seek a judicial review because "the issues on these valleys were so stark and cried out for relief."

    "We've pledged to fight this with every tool at our disposal," said Fulkerson, who is executive director of the Progressive Leadership Alliance of Nevada and a member of the Great Basin Water Network, two groups that oppose the water grab.

    A similar petition, filed Thursday in Pioche on behalf of a ranching operation in Lincoln County, specifically challenges the portion of Taylor's ruling concerning Cave Valley.

    Susan Joseph-Taylor, chief hearing officer for the Nevada Division of Water Resources, said the court "might try to consolidate" the separate review requests so they can be heard at the same time.

    Water authority spokesman J.C. Davis said agency officials couldn't comment on the petitions Friday afternoon because they had yet to see them.

    Under state law, anyone directly impacted by a water transfer can petition to have a ruling by the state engineer reviewed by a district judge. Joseph-Taylor said "whoever is unhappy" with the outcome of the review can appeal it to the Nevada Supreme Court.

    "The state engineer is very often upheld, because the standard is the court can't reweigh the evidence of record from the hearing," Joseph-Taylor said.

    In other words, no new arguments about the pipeline project will be heard during the judicial review. If the engineer's decision is supported by the evidence already on record, the court will most likely back his ruling, Joseph-Taylor said.

    The petitions filed this week represent the first judicial reviews requested in connection with the authority's pipeline project. Last year, Taylor granted the authority access to 13 billion gallons of groundwater a year in White Pine County's Spring Valley, but that ruling drew no such legal challenge.

    "In Spring Valley, the issues were not so bold," Fulkerson explained. "We take these court actions very seriously, and we don't want to file lawsuits every chance we get."

    By as early as 2013, the authority hopes to start pumping groundwater south through a pipeline that could stretch more than 250 miles and cost between $2 billion and $3.5 billion.

    Authority officials see the project as a way to supply water for growth in the Las Vegas Valley and insulate the community from drought on the Colorado River, which provides 90 percent of the community's drinking water.

    Critics argue that large-scale groundwater pumping in the arid valleys of eastern Nevada threatens wildlife and the livelihoods of ranchers and farmers.

    The state engineer's next major hearing on the project is tentatively slated for this fall, when he will consider the authority's applications for groundwater in Snake Valley, an aquifer that straddles the Nevada-Utah border in White Pine County.

    On Tuesday, two Utah counties and several American Indian tribes filed suit in Ely to be included as "interested parties" in the Snake Valley hearing. Taylor previously rejected a request from those groups for interested party status.

    Contact reporter Henry Brean at hbrean@reviewjournal.com or 702-383-0350.

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    JR wrote on August 11, 2008 08:29 AM: Well Bob and others - you got your wish. Development has stopped, not because beaurocrats told builders to but because the natural economic cycle has forced them to. Housing developments that were started 3-5 years ago are still not completed and perhaps never will be. New hotels like Echelon have stopped constrcution and new shopping centers all over las vegas have haulted construction. In addition people are being forced out of their homes due to foreclosure and are moving into apartments which as a whole are more efficient than homes, mainly due to not having a yard.

    Also, CA has cut their annual water use of the CO river by a third. No one could ever have dreamed that possible.

    Next arguement please...


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    jake wrote on August 09, 2008 04:14 PM: think maybe its time to move some jobs and people out to where the water is, instead of building a bigger rat cage filled with crime.


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    Bob wrote on August 09, 2008 11:14 AM: I think everyone knows this pipeline is for future sprawl and not for the people who already live here. Slow down the growth, specifically new subdivisions on the outskirts of town. Focus on infill developments that won't use as much water. That way we can catch up with the growth and make this city one worth living in.

    And for god's sake, get California to conserve some water or Lake Mead will NEVER fill back up!!!

    jrskpr - I think the residents of LV are actually doing a fairly good job conserving water. We know how serious the drought is. But it is all in vain if they are just going to keep approving new sprawl.


    Report abuse

    jrskpr wrote on August 09, 2008 10:25 AM: Excellent profile, JC, but relatively incomprehensible to the layman. Here's a slightly different take: do the folks that live everywhere else in Nevada really want a bunch of thick-headed bureaucrats deciding who gets how much water??? Simple, brief answer: not a chance.I lived in LV for 10 years before returning to NoNV for retirement. There is a huge difference in mentality here as far as water conservation--we actually make an effort to do so. Put the brakes on LV growth for awhile--accomplishes two things: housing market recovers, especially the existing homes for sale and, if brakes are on long enough, makes the SNWA (in all their hubris and arrogance) look for OTHER sources to rape and destroy.


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    tritonpsh wrote on August 09, 2008 10:21 AM: When Pat Mulroy talks of "securing water supplies for people already here" you can almost see the snarling salivating billionaire developers behind the curtain, pulling her strings. When are our politicians going to acknowledge that this city-in-the-desert has its LIMITS, and they must start acting environmentally, not in the corporate-growth-at-all-costs mentality. Piping water out of the aquifer hundreds of miles away will lower the water table and impact a vast area of beautiful central Nevada. You think all of our state is desert wasteland? Here's a photo I took last week, near Ely, in a typical spring-fed canyon of a typical mountain range that will be affected by this huge boondoogle project. Imagine this paradise drying up for yet more ticky-tacky housing developments and Vegas sprawl. http://www.imagebam.com/image/b85e1010866899


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    William D. Tomany wrote on August 09, 2008 10:18 AM: Hands off of Eastern Nevada Water s n w a water thieves


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    Bob Fulkerson wrote on August 09, 2008 10:15 AM: Hey JC--I was having a great weekend until I read your comment!
    While Nevada water law may not allow SINWA to drain the aquifer dry, very little stands in the way of your creating an Owens Valley by drawing down the aquifer enough to wipe out the vegetation that relies on it for life.
    Before sacking ratepayers with billions of dollars for this boondoggle, and jeapordizing the farming and ranching economy and families of rural Nevada, try harder to use the very reliable and least expensive water source in front of your face: conservation.
    See the Pacific Institute And Western Resource Advocates Report,
    "Hidden Oasis: Water Conservation and Efficiency in Las Vegas"
    http://planevada.org/content/view/111/420/


    Report abuse

    JC wrote on August 09, 2008 09:20 AM: Just to infuse a few facts into the conversation, both existing water users such as ranchers--which are considered "senior" in priority by the State of Nevada--and environmental resources are protected by law. Water right permits are not blank checks; the Nevada State Engineer imposes conditions on pumping to ensure neither other water users nor the area's hydrology is unreasonably affected, while federal agencies (through stipulations with the applicant, in this case the Southern Nevada Water Authority) will have an active role in managing withdrawals and the surrounding environment in regions covered by the agreements, which include Spring, Cave, Delamar and Dry Lake valleys. Keep in mind that this is in addition to the federally-mandated Environmental Impact Statement, an exhaustive process that analyzes environmental, socioeconomic and even aesthetic factors. In terms of the volume of water available, permits are based on the annual yield of the basin (in other words, the amount that is renewed each year) rather than the volume of the principal aquifer in storage, which is vastly greater. To put that another way, Nevada's water law--which is among the strictest in the United States--does not allow you to drain the aquifer dry.

    On the Coyote Springs issue raised by Littlebird, Lincoln County has its own water rights, which it plans to deliver to its own residents through the Water Authority's pipeline so it doesn't have to build separate infrastructure.

    I recognize that this is a philosophical issue for some of you, but the fact is that our community relies upon a single source--Lake Mead--for 90 percent of its water supply, and that source is in peril from drought.

    I hope this helps inform your discussion; have a good weekend.


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    dosboot wrote on August 09, 2008 08:42 AM: NO H2O4ULV!!!!!!


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    disgusted Las Vegan wrote on August 09, 2008 08:34 AM: The people running this state (Las Vegas in particular) have their priorities in the wrong place. They are willing to rape the environment just so we can build more low quality sprawl. Are they trying to create an actual 3rd world city in Las Vegas? These newest "neighborhoods" are uglier than anything ever built in Los Angeles and will turn into ghettos over the next few decades. Some of the new subdivisions are the ugliest places I've seen, while some of the valleys in the great basin are absolutely spectacular.

    Keep fighting this Nevada.


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