Feds tell Elko County to pay up or face lawsuit

Thursday, Sept. 2, 1999 | 3:57 a.m.

"The arrogance of the federal government is obvious in its Sept. 10 deadline, which we could not even comply with under normal county procedures," Commission Chairman Tony Lesperance said.

The county district attorney's office received notice of the Justice Department's intent Monday, along with a draft copy of the government's case.

Kristin McQueary, the county's chief civil deputy district attorney, said on Wednesday she had prepared a response to the letter seeking to extend the deadline.

The complaint alleges Elko County trespassed on U.S. Forest Service land and violated the Clean Water Act when county road crews set out to repair Jarbidge's flood-damaged South Canyon Road July 21-22, 1998.

The federal action is separate from Elko County's decision Aug. 16 to dispute a Nevada Environmental Commission ruling that the county had violated state statutes by carrying out road work without proper permits.

In her request this week, McQueary argued an extension would give the commission more time to fully consider its options before its next regularly scheduled meeting on Sept. 15.

Commissioners met Wednesday and Thursday, but the Justice Department's ultimatum was not received in time to be placed on the agenda.

The Justice Department suggested informal discussions in an attempt to resolve the dispute, but added, "Please do not interpret our willingness to discuss settlement as any lack of resolve to be made whole for the damages inflicted by Elko County."

The draft complaint said the county trespassed on federal land with bulldozers and other heavy equipment to re-divert the river and restore the road, killing trees and destroying vegetation.

The complaint also says the county violated the Clean Water Act by discharging pollutants from a bulldozer into federally controlled waters.