Gently at first, state to crack down on waste on the outskirts

Tiffany Brown

Wasting water in this town normally conjures up images of lawn sprinklers gone wild and washing cars with free-flowing hoses.

By Stephanie Tavares (contact)

Friday, May 29, 2009 | 2 a.m.

Wasting water in this town normally conjures up images of lawn sprinklers gone wild and washing cars with free-flowing hoses.

But some of the biggest water wasters are almost impossible to spot — and the state finally has the tools to go after them.

They are owners of state water rights — rural housing subdivisions and businesses across the valley that are either taking more water than they are allowed, or haven’t fixed leaky pipes.

The Nevada Water Resources Division says more than 500 Southern Nevada wells took more than their allotted share of water in 2005 — the most recent year for which statistics have been released — and 350 were considered “serious offenders” for taking at least an acre-foot of water a year more than they were permitted to by the state.

Until now, there was little that state water managers could do to stem the illegal flow.

But starting in July, the state engineer, who oversees Nevada’s water supplies, will have the ability to fine well owners who take more water than their permits allow.

Legislation passed in 2007 will allow the state to fine offenders up to $10,000 a day and force them to return up to 200 percent of the stolen water. They could also foot the bill for time the water division spent investigating.

Previously, the state engineer had to persuade the deputy attorney general to investigate anyone suspected of taking more water than his allotment, and file misdemeanor charges. The process was undertaken only in the most egregious cases and generally took several years.

Water engineer Phillip Regeski of P.R. Engineering estimates 40 percent to 50 percent of the wells in the Las Vegas Valley are out of compliance.

“The extent of the overuse is pretty widespread,” he said.

The change in policy has sent private well owners scrambling to local engineers and water brokers to get their water consumption into compliance.

“It’s a critical time, very critical,” Regeski said. “A big part of what we do is educate the clients because then they understand their options and what they can do.”

It begins with an engineer auditing the well, meter and pipe system at the site. Small leaks in the pipes that run water from a well to nearby buildings can mean the loss of hundreds of thousands of gallons a year.

Deputy State Engineer Bob Coachie and Regeski said this is the most common source of water loss.

“It just takes one little leak and you can lose a lot of water,” Regeski said. “We can often get them into compliance with changes to the infrastructure without them having to change their lifestyle or business practices.”

When that doesn’t work, Regeski said, he encourages clients to install a wastewater treatment system that will allow them to reuse water.

If that isn’t enough to bring a well into compliance, purchasing more water rights may be necessary.

This is the last and least palatable option, Regeski said. Although water rights are available, they’re going for about $30,000 an acre-foot — or about 325,800 gallons.

“Our priority is presenting people with workable options,” Regeski said. “There are lots of options to mitigate the overuse situation. Some people think they will have to really cut back on water and dramatically change the way they do business or buy a bunch of water rights. But there are other options.”

The water division has repeatedly said it has no intention of going after minor offenders or businesspeople who act in good faith to use only their allotted water.

“The state is saying that if there’s good will between the two and a good-faith effort, then they won’t fine,” he said. “There’s nothing in this state that creates rumors more than water.”

And even now, offenders will get plenty of time to remedy the situation. The water division plans to send out notices of noncompliance in the next couple of months, but the first fines won’t be levied until 2010 or later, Coachie said.

“We have substantial steps before we can fine somebody,” he said. “They have to be given adequate time to come into compliance, even though I’ve been sending out these letters for years.”

First the state engineer must send a warning letter with a request for correction and a time frame in which the problem must be fixed.

For wells that serve more than one structure — common in rural subdivisions — the water division has to install meters on each house to determine the source of the water loss and which residents should be held accountable.

The investigation is followed up with a hearing, after which the water division staff makes a recommendation to the state engineer.

After that, a penalty panel determines the fine and enforcement costs.

“We don’t want to fine a single person,” Coachie said. “We don’t see a dime of that money. It’s not like a municipal parking ticket where it fills the city coffers. We have no financial gain. We’re just trying to get compliance.”

A version of this story appears in this week’s In Business Las Vegas, a sister publication of the Sun.