Both sides hope for water decision to flow their way

Launce Rake, Las Vegas Sun

Sunday, Oct. 1, 2006 | 7:33 a.m.

Contentious hearings on the proposed transfer of billions of gallons of water from rural White Pine County to the Las Vegas Valley ended Monday, but it could be months before State Engineer Tracy Taylor decides how much, if any, water Las Vegas will get.

For both the Southern Nevada Water Authority and its allies, and those opposed to the massive pumping and pipeline plan, the arguments in Carson City were just a prelude.

Ken Albright, Water Authority ground water resources director, noted that the agency has four other basins in its overall plan to divert 180,000 acre-feet of water from rural Nevada to metropolitan Las Vegas. The 91,000 acre-feet it hopes to take from Spring Valley in White Pine County, however, is the linchpin to the authority's plan.

An acre-foot is about 326,000 gallons, or enough for one or two typical family households for a year.

In testimony before the state engineer, which lasted two weeks, authority representatives argued that Spring Valley could support the withdrawal of the water without significantly harming the environment or existing water users.

The agency also argued that Las Vegas - and by extension, the economic framework of all Nevada - must have the water supply to augment the drought-threatened Colorado River, which provides nearly all of the urban supply, and to provide a dependable source for continued growth.

Opponents, mostly environmentalists and ranchers from rural Nevada and Utah, argued that the Water Authority exaggerated the availability of water from the region; that the withdrawal would threaten the rural areas' economic growth and environment; and that Las Vegas has viable alternatives, including conservation.

Taylor has to navigate tough technical and political terrain to make the decision, which is not expected to come until next year.

Albright said approval of anything less than the requested 91,000 acre-feet would drive up the cost to import the water from White Pine County, but that he could not say what would constitute enough, or too little, water to make the plan work.

"That's a billion-dollar question," he said. "I don't think there's a go/no go number."

Any additional supply could be critical - and is getting more valuable.

"We're really concerned about drought," Albright said. "We're concerned about drought relief. So that's something we have to weigh."

Although anxious to get the state engineer's verdict, authority engineers and staff have plenty to do in the meantime. A pre-hearing agreement with the federal government to monitor and mitigate any environmental effects opens a suite of work.

"I think we're relatively comfortable from the biological standpoint, but that's not to say we're 100 percent," Albright said. "We really want to figure out how we can develop the water in a safe and environmentally sound manner. And to do that, we need a whole lot of data."

Interior Department agencies struck the 11th-hour deal with the Water Authority that removed federal protests to the Spring Valley applications.

Diana Weigmann, the Interior Department liaison to the Water Authority, said federal agencies also have much to do. A biological work group and technical review panel must be set up, along with an overall monitoring program.

The federal agencies also must determine how to fund the oversight program and how much it will cost.

Plan opponents - and they are legion - also are not resting.

Bob Fulkerson, director of the Progressive Leadership Alliance of Nevada, a liberal political group that has led the opposition, said his group will launch a campaign this month to tell Clark County residents that the ground water plan could cost billions more than the $2 billion estimated by the Water Authority.

"We're going to be laying out, in laymen's terms, what the project means for Las Vegas and what the alternatives are," he said. "We want a conversation with residents on whether this is a good path to go down."

The opposition also needs to ready arguments for additional hearings on plans to draw water from other parts of White Pine and Lincoln counties, Fulkerson said: "This is just the first hearing, the first phase."

And both sides also are looking toward a federal environmental approval process independent of the state's. A draft federal environmental impact analysis could be open for public comment in early 2008.

Matt Kenna, an attorney with the Western Environmental Law Center who represented the opposition during September's hearing, said that even the debate over the Spring Valley applications could extend well beyond the state engineer's decision.

A court appeal from either advocates or opponents is "definitely possible," he said.

"I don't say it's an absolute certainty, though. If he (Taylor) comes with a decision that's down the middle, maybe both sides would be happier not going to court. It's possible."

A court challenge could take years to resolve.

"Ultimately, there probably is some amount that could be withdrawn without affecting the environment," he said. "The question then becomes: Is that enough water to justify building a pipeline?"