State awaits next shot in DOE’s water fight

Tuesday, March 5, 2002 | 9:29 a.m.

CARSON CITY -- State officials expect the Department of Energy to launch a new effort to preserve its temporary water rights at Yucca Mountain.

Senior Deputy Attorney General Marta Adams said Monday she expects "to see activity on that front pretty soon."

Meanwhile, U.S. District Judge Roger Hunt has given the state until March 29 to file an answer to the DOE request to overturn the state's denial of permanent water rights at the proposed site of a high-level nuclear waste dump.

At a status hearing on the case Friday, Hunt rejected the state's motion to delay processing the permanent water rights case. Adams argued against expediting the process because "the political landscape could change in the next five months."

Adams called the water issue "one bastion of state control."

Michael Turnipseed, director of the state Department of Conservation and Natural Resources, denied permanent water rights for Yucca Mountain when he was state engineer.

Hugh Ricci, his successor, has rejected the application of the DOE to extend its temporary water permit. He said the temporary permit was for studying the suitability of the site, but President Bush's recent declaration of Yucca Mountain's suitability now means the study period is over and the water permit expires.

DOE spokesman Allen Benson said the agency has built and filled a million-gallon reservoir, providing enough water to last six to nine months after its temporary permit expires in April.

The primary activities requiring water currently are dust control, household use for workers and ongoing scientific studies, Benson said. More water-intensive uses, such as pouring concrete, are not occurring, he said.

After the state files its answer to the DOE both sides will be able to file their motions on the permanent water permit.

Hunt already ruled once in favor of the state, but the 9th U.S. Circuit Court of Appeals overturned Hunt's ruling. It sent the case back to Hunt for further hearings.