Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Sat Sun Mon Tue Wed Thu Fri

Breaking News


Southern Nevada loses ruling on Lincoln County water




For the moment at least, the Southern Nevada Water Authority has lost the water it hoped to pump to Las Vegas in the first phase of its proposed pipeline across eastern Nevada.

In a strongly worded order issued last week, a district judge overturned a 2008 state ruling that granted the authority permission to tap groundwater from three valleys in central Lincoln County.


Most Popular Stories
  • Three suspects arrested in shooting death of police officer
  • Three suspects arrested in shooting death of police officer
  • Station Casinos posts $455 million third-quarter loss
  • Man sentenced to 15 years for federal tax crimes
  • Las Vegas police shoot at man fleeing after traffic stop
  • Las Vegas police shoot at man fleeing after traffic stop
  • Suspect in officer slaying leaves hospital, enters jail
  • Escalator accident at Caesars Palace still under investigation
  • Las Vegas man denied pardon in killing of abusive father
  • Man pleads guilty in death of girlfriend's child
  • Visitors authority urges officials to call off mock nuclear blast
  • Palms agrees to pay $100,000 to settle complaint




  • Judge Norman Robison ruled that State Engineer Tracy Taylor “abused his discretion” and “acted arbitrarily, capriciously and oppressively” when he cleared the authority to pump more than 6 billion gallons of groundwater a year from Cave, Delamar and Dry Lake valleys.

    The senior judge from Gardnerville wrote that the state’s chief water regulator traditionally requires “specific empirical data” before allowing groundwater to be transferred out of a basin. This time, though, the state engineer is “simply hoping for the best while committing to undo his decision if the worst occurs,” Robison wrote.

    Authority officials are expected to challenge the judge’s ruling, which spokesman Scott Huntley described as biased and “flat-out wrong.”

    “We believe there are numerous grounds for appeal,” Huntley said. “There was some evidence the judge may have come into the case with a prejudged opinion.”

    Las Vegas water officials filed applications in the three valleys in 1989 as part of a sweeping grab for unappropriated groundwater across the southern half of the state.

    In July 2008, Taylor granted the authority less than half of the water it was seeking in Cave, Delamar and Dry Lake valleys. He also ordered the wholesale water agency to develop a monitoring and mitigation program and to collect data for at least two years before exporting any water from the area.

    A month later, a group of ranchers, environmentalists and others opposed to the pipeline challenged Taylor’s decision.

    New Mexico-based attorney Simeon Herskovits represents many of those pipeline opponents. In a statement today, he applauded Robison for reversing “an obviously unsound decision by the state engineer.”

    “There can be no doubt that the long-term interest of all Nevadans will be best served by the judge’s decision to use common sense and reason in applying Nevada’s water law,” Herskovits said.

    The Nevada Supreme Court will hear any appeal brought by the state engineer’s office, the water authority or both.

    For now, though, there appears to be some confusion about how state officials should proceed.

    Robison ordered Taylor’s decision on the three valleys to be “vacated and remanded for further proceedings consistent with this decision,” but officials don’t know exactly what that means.

    “My understanding is there will either be an appeal or we’re right back before the state engineer doing it all again,” Huntley said.

    “I think we’re just digesting it right now to be honest with you,” said Susan Joseph-Taylor, the chief hearing officer for the Nevada Division of Water Resources.

    Department officials declined to comment further because of the likelihood of an appeal.

    A message left for Robison was not immediately returned today.

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

    Cave, Delamar and Dry Lake valleys make up the first phase of the project. The water the authority plans to tap there could supply more than 37,000 Las Vegas homes.

    The controversial pipeline was first proposed to feed growth in the Las Vegas Valley, but now it is seen by its backers as an insurance policy for a community that gets 90 percent of its water from a single source: the drought-stricken Colorado River.

    Opponents argue that the arid valleys of eastern Nevada cannot sustain large-scale groundwater pumping, which threatens to destroy wildlife and the livelihoods of ranchers and farmers.

    In August, water authority board members voted unanimously to forge ahead with the permit process and other preparations for the pipeline.

    Authority officials have said they will call for a final vote on whether to the build the project should the surface of Lake Mead slip below 1,075 feet, a low-water mark not seen since 1937 when the reservoir was being filled for the first time.

    Today, the reservoir was holding at about 1,094 feet above sea level.

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

     

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 24 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Spring Snail wrote on October 29, 2009 12:23 PM: From PBS Independent Lens program "Democracy on Deadline" interview;

    According to Chuck Neubauer;

    "Then there was the connection in Nevada between Sen. Harry Reid and the powerful developer Harvey Whittemore. Reid helped his friend Whittemore get things from the federal government for his huge Coyote Springs development, and Whittemore’s personal lawyer happens to be one of Reid’s sons."

    http://www.pbs.org/independentlens/democracyondeadline/neubauer.html

    If Harry Reid can reverse his position on the SNWA pipeline by admitting severe risks to the aquifers being tapped, maybe he can restore his credibility as a Democrat who actually cares about Nevada's ecosystem, not only caring about lining his pockets with developer lobbyist kickbacks??


    Spring Snail wrote on October 29, 2009 12:07 PM: My theory is the reasoning behind SNWA's push for the pipeline is to benefit suburban sprawl developments like Harvey Whittemore's Coyote Springs fiasco northwest of Moapa along the 93. This large scale isolated development coincidentally sits along the proposed SNWA's pipeline route. General "Pipeline Pat" Mulroy once recieved generous funding for the pipeline project from Whittemore, though for now he claims not to be interested in tapping into the pipeline if it passes his real estate projects. Harry Reid supports the SNWA pipeline because his son remains employed by Whittemore and there are shared interests in the pipeline going through. Unfortunately establishment Democrats like Harry Reid cannot be trusted with protecting Nevada's environment any more than Republicans, as shown by Reid's continued support for the SNWA pipeline. When, if ever, will Harry Reid come to his senses and speak out against the SNWA pipeline for placing several aquifers at risk? When will people learn from previous disasters like Owens Valley and not repeat the same mistakes? We need alternative sources for water conservation, Las Vegans can become trendsetters by installing rooftop rainwater catchment filtration systems and planting more drought tolerant landscaping. Summer thundershowers could be intercepted and filtered instead of running off into roads and washes causing risks of flooding. Rainwater catchment would be more reliable in the long term than tapping into distant aquifers that won't be able to replenish themselves in time before they are overdrafted by Pat's pipeline to nowhere.


    BO wrote on October 28, 2009 12:52 AM: LOL,

    The proposed route for that water pipeline looks more like somebody grabbed a hand full of spaghetti and threw it up against the wall.


    douglas wrote on October 27, 2009 10:51 PM: wonder what hydro-geologist credentials the judge might possess.

    same as the car czar specifying u.s. cars to be manufactured.

    or politicians designing a monorail.


    GH wrote on October 27, 2009 09:16 PM: Yeah wrote: "What should be targeted are the numerous golf courses that overuse an enormous amount of water."

    According to the SNWA golf courses use 7% of southern nevada's water.

    They are also heavily charged if they go over what they are allowed.

    From LVV water authority:

    Golf courses are budgeted 6.3 acre-feet of water per irrigated acre annually.

    If they go over that number they are charged as follows:

    101 to 120 percent - 2 times the highest rate paid for water within budget.
    121 to 140 percent - 5 times the highest rate paid for water within budget.
    More than 140 percent - 9 times the highest rate paid for water within budget.

    I'm not saying golf courses aren't part of the problem but they are a tiny part compared to residential use and they are already heavily charged if they overuse.

    Golf courses are also an important tourism draw and I think we need to be careful not to only blame the businesses like Casinos and other tourist related business that actually keep Las Vegas alive.


    GH wrote on October 27, 2009 09:05 PM: Cynical Observer wrote: "Nevada will never have decent environmental laws until the Republicans, mining interests and business interests lose control of the Legislature."

    The only problem with your theory is that Democrats control both the assembly and senate.

    So maybe that should read: Nevada will never have decent environmental laws until the Democrats, mining interests and business interests lose control of the Legislature.

    Of course I view the Democrats and Republicans as more or less the same party in most instances so we're screwed either way!


    Release wrote on October 27, 2009 08:56 PM: Glen Canyon Dam is storing all the water Lake Meads needs and more. That's the purpose of Glen Canyon Dam -- that is to act as an holding area for additional water for Lake Mead. Release the water into Lake Mead will ya and cut our water rates dramatically.


    ObamasTeleprompter wrote on October 27, 2009 08:23 PM: Why hasn't the SNWA ever suggested a building moratorium in Clark County? It would have the immediate effect of propping up house prices while limiting the future demand for water. SNWA's failure to even mention a moratorium evidences that the Water Authority is beholden the builders. Follow the money my friends.

    NOH2O4ULV!


    Thomas A. Carpenter wrote on October 27, 2009 07:56 PM: Water is new " Gold " of the 21st century ! If you have it, guard it because there's always a thief lurking around.


    Over Growth wrote on October 27, 2009 07:55 PM: It's decades past time to impose growth limits in the Las Vegas valley. There is too much development for such a limited resource like water. Mulroy and her goon squad want to pull an Owens Valley on our rural neighbors by sucking the aquifers dry. Until there's a complete study of how the northern aquifers recharge, there should be no pumping. Overpumping the aquifers can shut them down permanently. Then what happens to the $2 to $3.5 billion dollar pipeline? It's left sucking dust...


    Read All Comments