Court: Well owner names public

Thursday, June 6, 2002 | 9:57 a.m.

CARSON CITY -- In a public records decision, the Nevada Supreme Court has ruled the Southern Nevada Water Authority was wrong when it refused to turn over a list of more than 10,000 names and addresses of groundwater well owners in the Las Vegas area.

The court said Wednesday the Nevada Well Owners Association was entitled to the information. It found that District Judge Stephen Huffaker abused his discretion when he held this was a privacy issue.

The water authority maintained that 2,398 of the 10,300 well owners wanted the list to remain confidential. The authority said it was an issue of community safety.

The Supreme Court said, "Beyond citing to the desire for confidentiality by these 2,398 well owners, the SNWA (water authority) has failed to show how disclosing the names and address of well owners would result in any real harm or undue invasion of privacy."

The court said its prior decisions on this issue "reflect our adherence to upholding policies favoring an open government."

The list was compiled by the authority under a water management plan approved by the Legislature. And about 85 percent of the addresses of the well owners on the list were already in public records.

The court said this meant the information "was already in the public domain in one form or another -- it had just not been compiled.

"There is no privacy expectation in this already public information," said the court. "Additionally, we recognize that water issues throughout Nevada are becoming increasingly important to our state's future.

"Ground water well owners have unique access to this natural resource. The list of well owners sheds light on the SWNA's performance of its statutory duties in managing these water resources," the court said.