State seeks delay in Yucca water suit

Tuesday, Jan. 14, 2003 | 9:42 a.m.

CARSON CITY -- Attorneys for the state have filed a motion asking U.S. District Judge Roger Hunt to delay proceedings in the fight with the Energy Department over Yucca Mountain water.

The motion submitted in federal court in Las Vegas requests all hearings be postponed until the U.S. Court of Appeals in Washington rules on five suits filed by the state challenging a number of actions by the government.

Bob Loux, director of the state Office of Nuclear Projects, said today the state's motion opposes the pre-trial summary judgment sought by the Energy Department. The federal agency says Hunt should grant it the right to draw water because of the approval of Congress to build the nuclear dump.

Loux said the state maintains, in its other federal court suits, that the resolution approved by Congress is invalid. Arguments on that case are scheduled for September in Washington.

The water suit, Loux said, should be held in abeyance until those issues are decided at the Washington D.C. court.

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