Private company tries to claim more of Sandy Valley’s water

Wednesday, June 11, 2003 | 11:07 a.m.

Vidler Water Co., Nevada's largest private water company, is trying to get more water from Sandy Valley, 30 miles southwest of Las Vegas, as it fights in court a previous state decision to reduce a similar claim.

A scheduled court hearing on the long-running dispute between Nevada's largest private water company and a small community in southern Clark County was postponed this week, but the delay is not stopping Vidler from pursuing a new claim for 2,000 acre-feet, filed in March.

Vidler, with its sister company Nevada Land and Resource Co., is Nevada's largest private landowner thanks to its purchases of former railroad rights-of-way statewide.

Sandy Valley, a community of about 2,500 people has fought Vidler's effort to claim water in its valley for more than three years. Last year Nevada State Engineer Hugh Ricci ruled that Vidler's claim to 1,400 acre-feet of water per year in Sandy Valley could not be supported; he cut the amount of water the company could take to 415 acre-feet.

Despite the setback for the company, Vidler in March applied to the state engineer for rights to another 2,000 acre-feet of water from the same site. Joy Fiore, a Sandy Valley resident, said the additional application "looks like harassment."

Vidler representive Karen Peterson declined comment Tuesday on the additional application for rights to more underground water. Representatives of the state engineer's office said Ricci was out and no one else would discuss the application.

The state engineer, the final administrative arbitrator on access to underground water rights, decides who gets water and how much they can use, but parties can appeal his decision.

Both Vidler and opponents of the company's water claim in Sandy Valley appealed the state engineer's decision. A shower of briefs from both sides has kept lawyers busy, but the court hearing scheduled for today was postponed because of a death in the family of a Vidler executive.

Peterson said District Court Judge David Wall has reset the court date on the appeal for July 31.

The basic issue is simple.

Vidler wants more water to sell to casinos in nearby Primm, on the California-Nevada state line. Sandy Valley residents are opposed to that plan.

"We want them to have none," said Beth Bacher, a Sandy Valley resident. "Hopefully, the ruling will be that no one can take water out of the valley.

"There has to be a present need for the water. This is part of the water law. They are applying for the water, for future commercial development, in another valley.

"It would threaten the present life and future growth in our valley."

Sandy Valley residents fear that their wells and future growth of their community would dry up if Vidler taps the underground water. Vidler representatives declined comment Tuesday, but have said they believe there is enough water for both Primm and Sandy Valley.

One acre-foot of water is about 326,000 gallons, or about enough water for a typical family for one year.

The company recently scored a limited victory in Carson City, winning legislative approval of a plan that would allow Lincoln County, immediately north of Clark County, to set up an independent water district. The legislation, an amendment tacked on to an unrelated bill, allows Lincoln County to sign long-term development contracts with the private company, a relationship that has been in place for years but was last year criticized as potentially illegal by the Attorney General's office.

The Lincoln County arrangement had been criticized by the Virgin Valley Water District and other residents of Mesquite, who fear that development of groundwater by the company could affect their wells.