Opponents of the Southern Nevada Water Authority’s massive pipeline project are confident heading into next week’s hearing in White Pine County (NV) District Court challenging the water rights granted SNWA in Spring, Cave, Dry Lake, and Delamar Valleys.
On June 13 and 14, Senior Judge Robert Estes will hear oral arguments concerning the Nevada State Engineer’s rulings from March 2012 permitting SNWA to pump and export to Las Vegas up to 61,127 acre feet of groundwater annually from Spring Valley and 22,861 acre feet per year from Cave, Dry Lake and Delamar Valleys. Day one will likely consider issues affecting all four valleys and those specific to Spring Valley. The second day is expected to focus on the other three basins.
Simeon Herskovits, who represents Great Basin Water Network, White Pine County and more than 350 additional plaintiffs in Nevada and Utah, said “we are confident that the science, the facts and the law support our case that the State Engineer’s decisions should be reversed.” Other plaintiffs in the hearings include the Confederated Tribes of the Goshute Nation, the Church of Jesus Christ of Latter Day Saints, Millard County (UT), and Baker Ranches.
“There isn’t the amount of water available to export without devastating effects upon senior water rights holders, the environment and the communities in the region. It would take centuries after pumping ceases before these basins would return to equilibrium – so allowing SNWA to pump to these permitted limits would amount to illegal groundwater mining,” Herskovits said.
The same court in Ely in 2009 overturned the State Engineer’s ruling awarding SNWA water rights in Cave, Dry Lake and Delamar Valleys, finding that the Engineer had “abused his discretion”, that the ruling was “arbitrary and capricious”, and that the groundwater in question was already appropriated and used down-gradient.
A previous ruling by the State Engineer granting SNWA water rights in Spring Valley was invalidated in 2010 by the Nevada Supreme Court in a separate case brought by GBWN. In that case, the Court found that the State Engineer had taken too long to hold hearings on SNWA’s water rights applications, effectively denying the due process rights of water rights holders and other interested parties an opportunity to protest those applications.Snake Valley Festival Three days after the arguments in court friends and fans of Snake Valley will gather in Baker, Nevada, the weekend of June 14-16 for the Snake Valley Festival, to celebrate and raise funds to support community preservation. The public is invited to join the fun’raising. All proceeds from the three days of events will benefit Great Basin Water Network to help protect the water and environment in eastern Nevada.
An ice cream social at the community center and a wine tasting at The Border Inn will kick off events on Friday night. Following the wine tasting there will be a dance and a pageant to find 2013’s Mr. and Ms. Snake Valley. Saturday’s activities include a giant name-your-price yard sale in the center of town, the smallest parade near the Loneliest Highway (it’s so small they go around twice), and booths and vendors flanking the main street. There will also be a solar telescope so visitors can look safely at the sun. Food will be available at the community center, T&D’s, and Lectrolux, with free entertainment at the community center in the afternoon. Other activities include a silent auction, children’s games, and a massive water fight.
Saturday night features a BBQ dinner, raffle drawing and live auction at the Border Inn.
For runners and walkers, Sunday’s Snake Valley Slither, a 5 or 10K run or walk begins at 8 a.m.
For more information and for a list of events, go to www.protectsnakevalley.org or call 775/234-7265.
