State engineer praised for rejection of DOE water request

Thursday, Feb. 3, 2000 | 10:47 a.m.

Nevada officials and environmentalists praised state Engineer Mike Turnipseed's decision to reject a Department of Energy request for water to build and operate a high-level nuclear waste repository 90 miles northwest of Las Vegas.

Republicans and Democrats alike called Turnipseed's ruling fair and one that will protect public health and safety from a repository at Yucca Mountain that is proposed to bury 77,000 tons of highly radioactive waste. The DOE had applied for permanent rights to 430 acre feet of water a year.

"The engineer's decision reflects Nevada's public policy and is consistent with protecting the health and safety of every Nevadan," Sen. Richard Bryan, D-Nev., said late Wednesday. "It's a sound decision."

Turnipseed found that the proposed nuclear repository is a unique facility that could threaten the public interest. He based his ruling on water law and a statute passed by the Nevada Legislature that outlaws burial or storage of radioactive waste in the state.

DOE officials had no comment. Spokesman Allen Benson said the agency will review the ruling before commenting.

Rep. Jim Gibbons, R-Nev., said that the decision would protect scarce and vital water in the driest state in the union. Yucca fails both the beneficial use requirement and the public interest, he said.

"Clearly, the state engineer's decision was based on sound science," Gibbons, a geologist, said. "It is apparent that he, too, sees the unacceptable risk this project poses to the health and welfare of Nevada residents."

Sen. Harry Reid, D-Nev., agreed. "Mike Turnipseed is an excellent engineer who knows his job," Reid said. "I believe he made the correct ruling. The basis for Turnipseed's decision appears to be a new issue and that should give Nevadans hope that the courts will be on our side."

Rep. Shelley Berkley, D-Nev., called Turnipseed "very courageous" for his ruling. "Michael Turnipseed is a hero in my eyes and should be a hero in the eyes of every Nevadan," she said.

Attorney General Frankie Sue Del Papa praised Turnipseed's decision for its fairness and soundness as well.

"It is critical that the state maintain control over its vital water resources," Del Papa said.

Gov. Kenny Guinn said that the arguments presented by Citizen Alert and the state's Agency on Nuclear Projects created a basis for Turnipseed's ruling.

"The most important aspect of this decision is that it was made independently and on the basis of science, with no political influence from me or anyone else," Guinn said. "We in Nevada have maintained that science is on our side in this debate and the state engineer's ruling is more evidence of that."

During hearings last year, Kaitlin Backlund of Citizen Alert and Deputy Attorney General Marta Adams, representing the state Agency for Nuclear Projects, said polls show Nevadans are overwhelmingly opposed to the dump. They also argued that a Yucca repository could threaten the state's economy by scaring thousands of tourists away from Las Vegas.

"I'm thrilled," Backlund said. "I think Turnipseed ruled according to the best interest of the people of Nevada. He listened to the legislators who represent the state. He heard the people of Nevada."