Wash diversion still studied

Wednesday, Dec. 14, 2005 | 7:51 a.m.

State and federal agencies are still gathering information and considering what action they should take -- if any -- in response to a rancher's decision to build a dam and artificial lakes in the environmentally sensitive Meadow Valley Wash.

The wash, which runs from northeast Clark County deep into Lincoln County, is an oasis of wetlands tucked into a narrow valley in an otherwise arid mountain region.

Moapa Valley rancher Bob Lewis, who also sells real estate and has extensive property holdings in Clark County, owns much of the private land in the Meadow Valley Wash running parallel to a Union Pacific railroad line. Most of the land in the valley is controlled by the government.

Late last month, Lewis blocked off the wash, diverting water from the stream into two lagoons on Bureau of Land Management property. Lewis said he did so to repair damage caused by heavy rains last winter in Lincoln County.

Among the concerns of state agencies and environmentalists is that Lewis' work could harm the Meadow Valley sucker, a tiny, rare fish protected by state law.

Other agencies looking at potential violations of state or federal environmental laws include the . Environmental Protection Agency, the BLM, the Nevada Division of Environmental Protection and the Nevada Wildlife Department.

Sanctions, if any, could include ordering the rancher to repair damage or fines of more than $32,000 a day.

One agency that will probably not levy any fine against Lewis is the state engineer's office, which governs the use of surface water under state law. State Engineer Hugh Ricci said last week that because the lagoons appeared to be holding less than 20 acre-feet of water and were within Lewis' annual allocation of 130 acre-feet at the site, his office probably would not cite the rancher.

Lewis may have violated state rules by changing the point of diversion for water, but he can correct that by filing for a permit from the state engineer, Ricci said.

Other agencies, though, could have other issues with the diversion, Ricci said.

"We have no control over that," he said.

Jon Sjoberg, supervising biologist for the Nevada Wildlife Department, said his agency is still looking at what happened and how many fish may have been affected.

"We'll have a better idea by the end of the week to see if there is something to give to the enforcement people, to see if they can pursue," he said. "We've got a couple of options we can look at."

Val King, enforcement branch supervisor for the Nevada Division of Environmental Protection, echoed Sjoberg.

"We're gathering information at this point, and we haven't made a decision," she said.

The EPA is looking at whether Lewis violated the Clean Water Act. If he is found to have done so, he could face penalties of up to $32,500 a day, EPA spokeswoman Amy Miller said.

Launce Rake can be reached at 259-4127 or at lrake@lasvegassun.com.