Las Vegas Sun

November 14, 2009

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Not many buyers for disputed water

Sunday, April 30, 2000 | 10:22 a.m.

An exclusive country club auctioned off some of its unused water Saturday, but a dispute over the ownership of the water kept many from buying.

The auction of 238 acre-feet of water was expected to generate about $2.5 million. But only 22 acre-feet sold for between $9,000 and $10,500 each.

"You don't know what you're getting," said Tony Shearin, who refused to bid on the questionable water. Shearin, who lives on the Clark County line and doesn't want to use city water, instead bought six acre-feet of water from a vacant lot on the Strip.

The Las Vegas Country Club and an auction company ran newspaper ads promoting the auction to small developers and others wanting water for rural subdivisions far from municipal water systems.

But in a letter to the club, state Engineer Michael Turnipseed questioned whether the club is entitled to the water because records show it may have never used it.

In Nevada, and throughout the West, users must show they have put water to a productive purpose in order to maintain the legal right to it. Water rights can be bought and sold like other property in most circumstances.

Auctioneer Robert Deiro said Saturday the club did use the water and is able to sell it because of a water-efficient golf course.

"Being good citizens, over the years they've learned to conserve. One would say that's admiral. They say, 'If you don't use them we'll take them away,' " Deiro said.

Despite the dispute, about 60 people showed up at the club for the auction, which also included water from a vacant lot.

Buyers had to sign an agreement acknowledging that the water they bought is in dispute and the sale has to be approved by Turnipseed.

After a few sales, Deiro announced that the club wanted the water to sell for at least $9,000 an acre-foot. The sale ended shortly after the announcement, leaving the club with 216 acre-feet.

An acre-foot is about 326,000 gallons, or enough water for a family of four for a year.

Deiro said Turnipseed was influenced by the Las Vegas Valley Water District, which he claims wants residents only to use the public water system.

The water district has denied the claim.

"It's a great game," Deiro said. "It's like being nibbled to death by ducks."

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