State files motion on Yucca water

Tuesday, April 16, 2002 | 11:15 a.m.

CARSON CITY -- The attorney general's office said today that as of now the proposed nuclear waste dump at Yucca Mountain is dead because of the veto of Gov. Kenny Guinn earlier this month.

And the Energy Department is not authorized to use any underground water, according to a motion filed in U.S. District Court in Las Vegas.

"We feel that any statement that the government experienced irreparable harm cannot be true," Senior Deputy Attorney General Marta Adams said.

The Energy Department filed suit to overturn the denial by the state of a permanent water right and the refusal by the state to extend its temporary water permits. In court documents filed April 9, the Energy Department said it would run out of water in 18 days.

"They don't need water for a project that is dead," Adams said. "If Congress resurrects it, that presents a different issue."

Energy spokesman Allen Benson said previously the department has built and filled a 1 million gallon reservoir, providing enough water to last six to nine months, after its temporary permit expired in early April.

Adams said there have been conflicting reports on how much it has in reserve. But the court documents maintain it has enough to last only until April 27.

Adams expects U.S. District Judge Roger Hunt to schedule a hearing either late this week or next week to hear arguments.

President Bush on Feb. 15 designated Yucca Mountain as the site for a burial ground for radioactive waste. Guinn vetoed the selection on April 8. Congress now has 90 days to either uphold or override the veto.