Forces set to resist bid for rural water; Snake Valley — and its ranches, tribes and park — has chance of defeating Water Authority request
Posted by: Aqua Blog Maven on July 15, 2008 at 7:21 amFrom the Las Vegas Sun:
State engineer Tracy Taylor has played it down the middle so far, giving the Southern Nevada Water Authority about half the water it wanted from rural Nevada. His two rulings — on Spring Valley and Cave, Dry Lake and Delamar valleys — were called cautious by some on both sides.
Final arrangements are to be considered today for the biggest showdown to date over rural Nevada’s water — hearings to determine whether the Water Authority can take water from Snake Valley. The hearings will provide another opportunity for Taylor to split the difference between the authority’s request and the contention of ranchers, environmentalists and others who argue that not a drop of water should leave rural Nevada for Las Vegas.
But those opponents say that other than sitting atop an aquifer coveted by the Water Authority, Snake Valley has little in common with the valleys that have come before it. “This is not like Cave, Dry Lake and Delamar valleys, where you would be lucky if you could find a couple human beings,” said Simeon Herskovits, an attorney for many of the opponents of the pumping plan. “Snake is dramatically different.”
Snake Valley has a much larger population than Cave, Dry Lake and Delamar valleys combined and has many more existing water rights than Spring Valley.
In Snake Valley, the ears of mule deer peep above the vegetation on fields kept green by pivot irrigation. It’s that irrigation — and many long-standing water rights — that supports a ranching and tourist economy. Because there are existing water rights and a history of pumping in the area, Herskovits said, it’s no mystery what will happen when pumping begins. There are cases “where ground water pumping on a very modest level — really a totally different scale of magnitude than what SNWA is proposing — … have already caused springs to dry up … and lowered the water table,” he said.
And the existing water rights give Taylor, the state engineer, a legal basis upon which to limit pumping from the valley. Although plants, animals and the environment have limited legal rights under Nevada water law, there are stronger protections for senior water rights. “The law requires that (Taylor) protect existing water rights,” said Tom Meyers, hydrologist for the Great Basin Water Network, which opposes the pipeline plan. “The environment does not have an existing water right.”
Read the full text of this article from the Las Vegas Sun by clicking here.
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As a retired Water Court Referee, I found the first NV State Engineer’s 40 page opinion to be based on the facts, law and the evidence that were presented in the 19 year old case before him. The pending case will have different facts and evidence for the State Engineer to consider.
All parties in these matters have been offered knowledge of a truly new fresh water Source that on average could annually provide Nevada with a million acre feet, which is 50 times the 18000 AF the SNWA was just awarded. No one chose to have such an alternative presented for consideration by the State Engineer.
Water from the new Source could be beneficially used in many ways. One of the secondary uses of the water could certainly be for renewable hydroelectric power generation in Lake Mead, especially in light of the fact that it is predicted to dry up soon. Nevada’s power company made a preliminary investigation of the new Source and concluded in writing that it was “definitely plausible” and recommended in writing that the SNWA too investigate.
It will take many years before the proposed SNWA wells do or do not mine the desert aquifers. Adequate monitoring will be provided for in the State Engineer’s rulings. That too will be argued every drop of the way to Las Vegas.
It is interesting that Nevada has no interest in a water resource that ADDS considerable water to the State without damage to the environment or anyone’s water rights. Rarely is such an offer ever been made, anywhere. Usually only criticism, conservation and curtailment are offered up for the water shortage dilemmas facing the region.
The new Source could provide enough water for other agencies ready willing and able to help pay for the SNWA pipeline and the plans of Utah, Calfornia and Arizona.
The Bureau of Reclamation could coordinate such a regional approach, but they have not been asked by Nevada to investigate the possiblities.
Ray Walker (Retired Water Rights Analyst) waterrdw@yahoo.com