Judge rejects Yucca water injunction

Jace Radke

Wednesday, June 12, 2002 | 11:22 a.m.

Attorneys for the state recorded a victory Tuesday with the rejection of an Energy Department request for a preliminary injunction to override the state's denial of water at the Yucca Mountain site, but noted that a greater battle is looming.

"One way or another everything changes in a month," Nevada Deputy Attorney General Paul Taggart said.

The Senate is expected to vote in July on whether Yucca will become the permanent site for the nation's nuclear waste.

The upcoming Senate vote played a role in U.S. District Court Judge Roger Hunt's denial of the government's request.

Hunt ruled that the Energy Department has sufficient water stored at the site to enable the agency to meet its responsibilities into the fall, and at the very least until the Senate makes a decision.

"The government has a legitimate concern, but it is also an anticipatory concern," Hunt said. "There does not appear to be an imminent danger of the government running out of water."

Bob Loux, director of the Agency for Nuclear Projects for Nevada, said the decision by the federal judge was "very helpful."

"Any time you win against the federal government, it's a good one," he said.

The Energy Department suit to overturn the denial by the state of a permanent water right and the refusal by the state to extend temporary water permits will go forward.

According to court documents, more than 1.3 million gallons of non-potable water and about 146 thousand gallons of potable water is available at the site.

Stephen G. Bartell, a Justice Department Attorney, argued that if anything were to go wrong with the water being stored at the site the Energy Department would be unable to continue the scientific tests or continue working toward Nuclear Regulatory Commission licensing.

Bartell said that contamination, leaks and fires are all possibilities that could deplete the stored water supply at the proposed dump.

Hunt did leave the door open for the government to file future motions if the water situation becomes dire.

"There may come a time when the situation becomes urgent, and the water reaches a point where it is at a dangerously low level," Hunt said. "If it gets to that point and it appears that the Department of Energy cannot meet its responsibilities a temporary restraining order can be filed and a preliminary injunction can again be sought."