Water District joins court fight over power plant water

Grace Leong

Thursday, Aug. 22, 2002 | 9:49 a.m.

The Las Vegas Valley Water District won court approval to join a legal battle over water claimed by the Moapa Valley Band of Paiute Indians to operate a proposed 760-megawatt natural gas-fired power plant in a desert valley 45 miles northeast of Las Vegas.

The $500 million power plant, to be owned by Calpine Corp. of San Jose, Calif., is on hold pending regulatory approval of several of Calpine's permit applications, an improvement in industrial electricity demand and resolution of the dispute over water rights for the proposed power plant.

At issue is a state ruling the 300-member Paiute community blamed for undermining what would have been a lucrative opportunity for the tribe to sell to Calpine 7,000 acre-feet of water annually from the California Wash hydrographic basin for cooling the plant.

State Engineer Hugh Ricci, on April 18, granted permits for only 2,500 acre-feet of water, which the Paiutes said was insufficient to cool and operate the plant. They said revenues earned from leasing the site of the power plant and selling water to Calpine would have helped generate jobs and lift the tribe out of poverty.

Ricci granted only 2,500 acre-feet on the first 7,240 acre-feet application, citing concerns that it may be "detrimental to public interest to allow appropriation of the full quantity requested ... since no determination can be made that there is even unappropriated water available."

Ricci's ruling was the impetus of two lawsuits filed May 16 in Clark County District Court by the Moapa tribe and Moapa Energy Center, a Calpine subsidiary. Both lawsuits attempt to have Ricci's decision overturned.

The tribe argued Ricci allegedly failed to consider "extensive expert evidence that indicates substantial additional ground water is likely available for immediate appropriation from the California Wash without adversely affecting existing rights."

The Water District -- which won a motion in late July to join the legal proceedings to protect its water rights -- supported Ricci's ruling because of uncertainty over the environmental impact of drawing more than 2,500 acre-feet of water a year from the California Wash and other surrounding acquifers.

"We're involved in the lawsuit because the tribe is making claims on water applications made by the water district," said agency spokesman J.C. Davis.

"We're not against the Paiutes getting their water but we also agree with Ricci that there's not enough scientific evidence to prove that you can pull 7,000 acre-feet a year and not adversely impact the Wash and surrounding areas," Davis said.