Feb. 19, 2010

ALERT: Legislature begins Tuesday, February 23: Keep SNWA's Water Bill Out

The Governor and legislature are under intense pressure from the Southern Nevada Water Authority to force them to bailout SNWA's 1989 applications. Please, if you haven't already contacted the Governor and your legislator, don't hesitate. Get your friends and neighbors to call, too. See below for how to call and what to say.
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1. Thank the Governor for not specifically asking for a "water fix" in his special session proclamation and urge him to continue to resist asking for water legislation to be considered during the special session.

Please call Nevada Governor Jim Gibbon's office at 775-684-5670 or 702-486-2500 and mention the following:

• Politely ask his staff to keep a bill overturning the Supreme
water ruling OFF the legislative agenda for this Special Session
dealing with the budget crisis.

• Request that the issues be left to the courts to finish their process. (see below for more info)

• A bill is premature.

• Thank you.

2. PLEASE CALL YOUR LEGISLATORS to ask them to NOT consider any special water "fix" legislation (see how to get phone numbers and email addresses below).

• Request that the issues be left to the courts to finish their process. (see below for more info)

• A bill is premature.

• Thank you.

You can find your legislators and get phone numbers and e-mail addresses:

• http://www.leg.state.nv.us (or click the link below)

Thank you.

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BACKGROUND INFO ON WHY "FIX" IS NOT NEEDED
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This Case Is Too Complex To Deal With In A Short Special Session:

The case involves major Constitutional due process problems, as expressly noted in the Supreme Court’s Opinion. These issues cannot be legislated away. Trying to do so will only create a more complicated mess for every branch of Nevada’s government.
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The Court’s Ruling Already Has A Proper, Narrow Scope:

The Court’s Opinion is clearly focused on the extraordinary circumstances created by SNWA’s long-term manipulation of Nevada’s water rights application process. So, the ruling already is designed to be construed narrowly by the courts and the State Engineer, and to apply only to an extremely limited group of water rights applications.
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The Courts Have Not Even Finished Resolving The Case Yet:

It is premature for the Legislature to interfere because the Supreme Court still has to decide what to do about SNWA’s and the State Engineer’s motions and petitions for rehearing. And all the Court has ordered is that the District Court re-examine the special facts of this case and determine what new public notice and protest process is required. That additional process will not even truly delay SNWA’s Pipeline Project, which will not be built for many years anyway – if ever.
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The Claims That This Ruling Will Create A Disaster Are Blatantly Inconsistent With SNWA’s Repeated Statements To The Contrary:

A year ago SNWA told the Legislature that it did not need and would not build the Pipeline anytime soon, and might never build it at all.1 After the Supreme Court’s ruling in this case came down, SNWA publicly stated that the ruling would not affect the Project’s timing or prospects.2 So, SNWA’s sudden new line that any delay spells disaster for southern Nevada is simply not credible. As much as SNWA wants you to believe it, the sky is not falling because of this case.

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PROPOSED BILL DRAFT (not the actual bill, just a summary): "An act relating to water; authorizing the State Engineer to postpone action on certain applications for water rights; providing that certain applications for water rights remain active until acted upon by the State Engineer;"

http://www.leg.state.nv.us