Editorial: Public interest scores big

Friday, Feb. 4, 2000 | 10:07 a.m.

Most Nevadans probably never have heard of state Engineer Mike Turnipseed. The little-known state official, however, has one of the most powerful positions in state government: he has the authority to determine the rights to Nevada's ground water, something that takes on added importance in an arid state such as ours. Sometimes his decisions make news, but more often than not they are relatively small claims involving individuals seeking water rights. But last year Turnipseed was thrown into the middle of the debate over the federal government's efforts to place a high-level nuclear waste repository, just 90 miles northwest of Las Vegas, when the U.S. Department of Energy requested water rights to build and operate a repository at Yucca Mountain.

During a November hearing by Turnipseed on the DOE's request, Deputy Attorney General Marta Adams said that granting the permit would be "a clear and present danger to the robust economy of Nevada." Adams said that while the amount of water may not be significant there was the possibility it could become contaminated after its use at the proposed repository. She also mentioned that public opinion polls have shown that three-quarters of the state's residents either oppose or strongly oppose the repository -- and that if built, the repository could lead to a drop in tourism because of the stigma associated with this waste. In addition, the Nevada Legislature has passed a state law prohibiting anybody from storing nuclear waste here, Adams noted.

The DOE's attempts to minimize the impact its application would have on Nevada were laughable, especially when the the DOE tried to present its application as being analagous to a simple industrial or mining request for more water. That's right, the federal government's plan to bury 77,000 tons of high-level radioactive in Nevada should be treated as if it was nothing more than a mining pit. Thankfully, though, Turnipseed sided with the state in a decision he issued Wednesday, rejecting the DOE's request. "It became clear to the state engineer during the administrative hearing process that this facility is not like any other industrial complex for which appropriation of water is requested," Turnipseed wrote, adding that approving the DOE's application "threatens to prove detrimental to the public interest." While this round goes to Nevada, it is expected t hat the DOE will appeal the ruling.

Government regulatory agencies often have the discretion to deny an application based on how it would affect the public interest. For instance, federal regulators can deny a request by corporations to merge if they find the acquisition will harm competition and hurt consumers. And state regulators routinely reject bids by utility monopolies to seek higher rates if they're exorbitant and not warranted. While Turnipseed understands the value of protecting the public interest, it's too bad that Senate Majority Leader Trent Lott, R-Miss., and other members of Congress haven't grasped this simple idea. Instead they continue their efforts to send man's deadliest waste here despite mounting scientific evidence showing how dangerous burial in Nevada would be.