Gov. waiting to see if state Supreme Court reconsiders ruling on water rights

By Cy Ryan

Tuesday, April 27, 2010 | 10 p.m.

CARSON CITY — Gov. Jim Gibbons is going to wait before deciding what action to take to see if the Nevada Supreme Court reconsiders a ruling involving pumping 40,000 acre feet of water from eastern Nevada to Las Vegas.

Allen Biaggi, director of the state Department of Conservation and Natural Resources, said the governor has directed the agency to wait for action from the Supreme Court.

The court’s decision would impact 14,500 approved water rights or pending water rights applications. Both the Southern Nevada Water Authority, which applied to pump the water from eastern Nevada, and the state are asking the Supreme Court to reconsider its ruling.

Advocates for homebuilders, organized labor and the water authority have previously said the Legislature should be called into special session to clarify confusion caused by the state Supreme Court ruling.

The court in January ruled that former state Engineer Tracy Taylor violated the law in 2007 when he approved rights for the water authority to withdraw 40,000 acre feet a year from Spring Valley in eastern Nevada.

The court ruled the Spring Valley decision was not made within a one-year time limit.

It reversed the decision of District Judge Norman Robison to give the rights to the water authority. It said Robison must decide whether the authority has to file new applications or if the state engineer must only reopen the protest period and the hearings.

State Engineer Jason King said Tuesday there “needs to be a fix in the uncertainty in the water world.” King said his agency is recommending that whatever action is taken, the 14,500 water rights be protected.

King, in his report to the governor, said the one-year time limit should be eliminated in the law.

He said language has been drafted and presented to Gibbons’ office in case the governor would call a special session. The division drew up a bill for the special session of the Legislature in February, but the governor decided not to put the issue on the agenda.

King said the recommendations come partly from testimony during workshops. There was a division among those testifying at the workshops.

Those supporting a special legislative session included the Southern Nevada Water Authority. Those opposed were conservation groups, including the Great Basin Water Network.

The report to Gibbons said, “The state engineer’s greatest concern arises from the testimony that financial institutions that loan money for projects in Nevada are now questioning the validity of water rights.

“The reality of the impact of the Supreme Court’s decision and the economic situation Nevada finds itself in are causes for concern that should be weighed by you in your consideration of whether to call a special session…” King said.