Group to protest applications to draw water from rural Nevada

By Cy Ryan (contact)

Friday, March 19, 2010 | 2:29 p.m.

CARSON CITY – A group composed of ranchers, miners, environmentalists and others intends to lodge objections to the newly filed 146 applications of the Southern Nevada Water Authority to draw water from rural counties to populous Las Vegas.

Abby Johnson of the Great Basin Water Network, which won a decision in the Nevada Supreme Court over the water authority, says it will file its protests to the applications that seek 250,000 acre-feet of water from several counties in eastern Nevada.

Great Basin wasn’t operating in 1989 when the water authority filed its first applications for water in rural Nevada. But it was the lead plaintiff in the suit to overturn the decision of the state engineer’s office to allocate 40,000 acre-feet of water from Spring Valley.

The decision by the Supreme Court Jan. 28 not only went against the water authority but raised questions about thousands of prior water right applications.

To be safe, the water authority refiled its 1989 applications the day after the Supreme Court issued its decision.

The water authority and the state have asked the Supreme Court to clarify its decision so thousands of water rights applications wouldn't be jeopardized. Both have filed petitions for re-hearing.

Meanwhile, talks are going on between representatives of the water authority, Great Basin and acting state engineer Jason King in an effort to resolve some of the uncertainty created by the Supreme Court decision.

King told the Legislative Committee on Public Lands Thursday the ruling created “true hysteria” and could “affect 100 years of water law.”

Simeon Herskovits, attorney for Great Basin, told the committee there was a “strong possibility” that the parties could make a recommendation to the court that could narrow the issues. Herskovits said there wouldn't be a need for a special session of the Legislature.

But King said, “Simeon and I have some different views on what the implication of that decision are and I am concerned about preserving those priorities and the status of thousand of water rights.”

More talks are scheduled next week among the three parties. Herskovits said he would like to see the issue settled in the courts. “But we are talking with the state engineer and his staff and the Southern Nevada Water Authority to avoid unintended and unreasonable consequences,” said Herskovits, of El Prado, N.M.

“There is more than a glimmer of hope,” Herskovits said. “There are areas of some agreement.”

At a public hearing Tuesday conducted by the state Division of Water Resources, testimony from the water authority, NV Energy, Virgin Valley Water District, AFL-CIO and Pardee Homes all suggested a special session soon to cure the uncertainty.

But Assemblyman David Bobzien, D-Reno, said he doesn’t see the governor calling a special session of the Legislature before June.

Nevada law from 1947 to 2003 required the state engineer to make a decision on a water rights application within one year after the final protest was filed. The law was changed in 2003 to eliminate that deadline.

But thousands of applications were acted upon during the 1947-2003 period and there were still thousands pending past the one-year deadline, throwing their status into question.

After the Tuesday workshop, four parties submitted possible changes in the law to make sure those applications between 1947 and 2003 didn't lose their priorities.

Allen Biaggi, director of the state Department of Conservation and Natural Resources, has said the group will study the testimony and recommendations, and make a report to Gov. Jim Gibbons, who will make the final decision regardless of whether a special session is needed.