Jun. 17, 2010

COURT AFFIRMS RULING FOR LAS VEGAS “WATER GRAB” OPPONENTS

The Nevada Supreme Court today re-affirmed its earlier unanimous decision that the Nevada State Engineer violated the due process rights of Utah and Nevada citizens in awarding tens of thousands of acre feet of groundwater to the Southern Nevada Water Authority to export to Las Vegas.

The Court sent SNWA back to square one, vacating the previous rulings of the State Engineer in valleys that were previously protest and requiring the Engineer to re-notice and re-open the protest period on all 1989 SNWA applications. The Court also clarified that its ruling pertains only to protested applications, relieving anxiety throughout Nevada that many unrelated applications pending before the State Engineer would be put in jeopardy.

The original suit, brought by the Great Basin Water Network, Defenders of Wildlife, Trout Unlimited, and fifty individual area residents, claimed that the State Engineer had failed to take timely action on the original water applications filed in 1989 and had improperly excluded groups and individuals from participating as protestants in the water appropriation process.

“The Nevada Supreme Court’s new, modified opinion confirms its central holding in this case,” said Simeon Herskovits, lead attorney for the opposition. “The Court has held that the State Engineer’s previous rulings on SNWA’s contested 1989 applications effectively are void, and those applications must be subjected to a new public notice and re-opened protest process, thus creating a new opportunity for anyone with an interest to protest these dangerous applications and challenge the State Engineer’s flawed previous rulings.”

“The Court also expressly addressed and disapproved of the efforts of SNWA and allied interest groups to manipulate the Legislature to retroactively change the record as to the 2003 Legislature’s intent regarding its statutory amendments to state law affecting the 1989 applications,” Herskovits said. “The Court pointed out to do so would be illegitimate and would not merit deference from the courts,” he said.

The Court remanded the case to the district court for judicial review with instructions to, in turn, send the case back to the State Engineer for further proceedings.

[Click the link below for the 6-17-2010 Ruling of the Nevada Supreme Court]


NEWS RELEASE
June 17, 2010

FOR IMMEDIATE RELEASE

Contact:

Simeon Herskovits 575-758-7202;
Susan Lynn 775-786-9955;
Steve Erickson 801-554-9029

http://www.greatbasinwater.net/pubs/6-17-10%20NV%20Supreme%20Court%20modified%20opinion.pdf