Park Service worries proposed project will hurt Mead area

Wednesday, Aug. 22, 2001 | 10:44 a.m.

CARSON CITY -- A National Park Service official testified Tuesday that he is worried that Harvey Whittemore's proposed desert resort north of Las Vegas could harm wildlife and plant life at the Lake Mead National Recreational Area.

Springs in the 1.5 million-acre recreation area support vegetation and wildlife and provide recreation for millions of visitors, said William Burke, resource manager specialist at the recreation area.

Burke was the first witness called by the government, which is fighting the proposed 42,000-acre development about 50 miles from Las Vegas near Coyote Springs in Lincoln County.

Whittemore's applications to pump underground water to supply a community of 50,000 people plus a number of golf courses would hurt those with existing water rights, the government contends.

Hydrogeologist Dwight Smith, who testified for Whittemore, countered that not enough information to support whether the drilling at Coyote Springs would impact other users.

"We don't have enough data at this point," Smith told hearing officer Susan Joseph-Taylor.

Whittemore, a lobbyist-businessman and his partner, David Loeb, want to pump water from a deep carbonate aquifer that spans eastern Nevada and may have 800 million-acre feet of water stored in the rocks. Nobody knows how much water there is available and what impact drilling would have.

The Park Service believes the aquifer feeds the springs in the Lake Mead National Recreation Area.

Whittemore proposes a go-slow approach with careful monitoring to assess whether it results in problems over existing water rights.

The government lost a preliminary motion in the hearing, set for two weeks. Government attorney David Palmer asked Susan Joseph-Taylor of the state engineer's office to dismiss the Whittemore application, saying there has been a "complete failure" to prove the case.

Palmer said Whittemore failed to present any proof of available water. He said there was no proof the project is in the public interest and no proof that it wouldn't harm existing water rights.

Whittemore said all of the evidence presented by his side must "be read as favorable to the applicant." He said those protesting have the burden of proof to show it is inadequate.

Joseph-Taylor rejected the government's motion. Earlier in the hearing Tuesday Joseph-Taylor sharply criticized a second government lawyer, Peter Fahmy, who was cross-examining Whittemore's witnesses.

She told Fahmy he should be "more respectful of other people." She said he exhibited an "offensive attitude" since he arrived at the hearing, which began Monday.

Joseph-Taylor and state Engineer Hugh Ricci are taking testimony, but a decision is not expected for several months.

Coyote Springs Investment LLC, owned by Whittemore and Loeb, has filed 15 applications for 108,585 acre-feet. But Monday Whittemore said he wants to pump 30,000-acre feet initially with close monitoring to determine whether it impacts other users in the area.

One-third of the 42,000 acres owned by Whittemore-Loeb is in Clark County, the remainder is in Lincoln County. They own 6,100 acre-feet of water rights.

The Las Vegas Valley Water District also is seeking 27,512 acre-feet from the Coyote Springs Valley.

Kaye Brothers, director of resources for the Southern Nevada Water Authority, testified that the Coyote Springs water would be one of the "future options" to supply residents of Clark County.

If the Water District's application is approved, she said she did not envision pumping the full 27,512-acre feet every year. She said there have been discussions between the Water District, the Water Authority and Coyote Springs about supplying water for the development. But she said there is no agreement.