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Restoring water rights: Governor, Legislature should revisit decision that jeopardizes Nevada’s future, says editorial

Posted by: Maven on February 15, 2010 at 6:18 am

From the Las Vegas Sun, this editorial regarding the recent Nevada Supreme Court decision:

” … The case before the Supreme Court came down to fine points of the law and the Legislature’s intent. State law requires that in all but certain circumstances, the state engineer decide a request to pump water within a year, and that did not happen in this case — the authority’s request was filed in 1989, but it took 17 years before the state engineer acted.

The crux of the matter was a 2003 law, passed at the behest of the Water Authority, allowing the state engineer to delay on “pending” water applications. The authority’s attorneys argued that it is retroactive to all prior requests. The court, however, called the law “ambiguous” and found that the authority’s request didn’t fit the definition of pending.

The Water Authority and the state attorney general’s office are asking the court to rehear or clarify its ruling. In the meantime, lawmakers and Gov. Jim Gibbons are discussing adding the issue to the agenda for the Legislature’s upcoming special session. Gibbons is considering it because the court’s ruling has potentially put 10,000 water rights applications dating back to 1947, including those in the rural areas, in jeopardy.

Gibbons should put this on the Legislature’s agenda for the good of the state. Rural water users’ rights should be affirmed, and it is vitally important that the pipeline project move forward. … “

Read more of this editorial from the Las Vegas Sun by clicking here.

February 15, 2010 · Filed Under Las Vegas & Nevada

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