A Nevada two-fer today!
Boy, do we ever live in interesting times!
From Henry Brean's story in today's Las Vegas Review-Journal (the map is from the article):
For the moment at least, the Southern Nevada Water Authority has lost the water it hoped to pump to Las Vegas in the first phase of its proposed pipeline across eastern Nevada.
In a strongly worded order issued last week, a district judge overturned a 2008 state ruling that granted the authority permission to tap groundwater from three valleys in central Lincoln County.
Judge Norman Robison ruled that State Engineer Tracy Taylor "abused his discretion" and "acted arbitrarily, capriciously and oppressively" when he cleared the authority to pump more than 6 billion gallons of groundwater a year [about 18,500 AF/year] from Cave, Delamar and Dry Lake valleys.
The senior judge from Gardnerville wrote that the state's chief water regulator traditionally requires "specific empirical data" before allowing groundwater to be transferred out of a basin. This time, though, the state engineer is "simply hoping for the best while committing to undo his decision if the worst occurs," Robison wrote.
Authority officials are expected to challenge the judge's ruling, which spokesman Scott Huntley described as biased and "flat-out wrong."
"We believe there are numerous grounds for appeal," Huntley said. "There was some evidence the judge may have come into the case with a prejudged opinion."
Note that this decision does not directly affect the plans to pump from Snake Valley on the Nevada-Utah border but there may be repercussions. Read Emily Green's excellent analysis that goes far beyond the R-J article.
Looks like it is back to the drawing board (or hearing room, or courtroom) for the SNWA.
Read the entire story here. The comments are quite interesting.
"I think we're just digesting it right now to be honest with you." -- Susan Joseph-Taylor, chief hearing officer, Nevada Division of Water Resources
Given the enormous disparity in terms of economic as well as population of Las Vegas (Clark County) and incrementally Pahrump (Nye County) vs the remainder of the state of Nevada … don’t county Pat Mulroy/SNWA out respecting the “taking” of water in Lincoln County. What remains true is that POLITICS creates strange bedfellows and no doubt SNWA is shuffling and re-arranging the deck chair as round two begins. it appears to me that SNWA has been capable of demonstrating playing a vicious game of POKER while keeping their “tell’ hidden.
This current legal action serve mainly to slow down SNWA while anyone believing it stops them in their tracks is quite foolish. SNWA has thus far brilliantly played the … “money talk$ game” … I doubt SNWA is down for the “10 count” … rocked back on their heels, perhaps, but they have demonstrated an uncanny ability to maintain their balance and re-engage. And like most great fighters when they are wounded is when they are especially dangerous.
Respectfully submitted,
PAUL F MILLER
http://waterman99.wordpress.com
Posted by: PAUL F MILLER | Sunday, 22 November 2009 at 10:16 AM