The Nevada Supreme Court today issued an opinion upholding the validity of the Southern Nevada Water Authority’s (SNWA) groundwater applications in several east-central Nevada basins.
Issued in response to a Petition for Rehearing filed in April by the SNWA and the Office of the Nevada State Engineer, the opinion withdraws an earlier judgment that may have voided the 1989 applications. In today’s judgment, the Nevada Supreme Court emphasized the need to balance due process issues and fairness to water right applicants.
“Voiding
the State Engineer’s ruling and preventing him from
taking further action would be inequitable to SNWA
and future similarly situated applicants,” the
opinion stated.
To address concerns among east-central Nevada
residents who moved to the region after the
application protest period expired in 1989 and other
interested parties, the Nevada Supreme Court instead
ruled that “the proper and most equitable remedy is
that the State Engineer must re-notice the
applications and reopen the protest period.”
SNWA General Manager Pat Mulroy said she was elated by the decision, which addressed the court’s concerns without unduly punishing an agency that had complied with all state requirements.
“This is a very fair outcome, because it allows protestants to have their voices heard without turning 100 years of water law on its ear and bogging down the water right permitting process. With Lake Mead—the primary source of water for two million Southern Nevada residents—imperiled by drought, we need to get all of the necessary permits in place so we can be ready to draw upon this available water resource if conditions warrant. This ruling puts us back on track.”
Contact:
Scott Huntley, (702) 258-7258
J.C. Davis, (702) 258-7258 / (c) 249-6959