NV Supreme Court Decision on Great Basin Water Network Due Process Lawsuit
In a rebuke to the NV State Engineer and the Southern Nevada Water Authority, the Nevada Supreme Court reversed the district court and agreed with arguments presented by Simeon Herkovitz, attorney for the Great Basin Water Network. The case overturns the District Court decision and requires the District Court to make a determination as to whether SNWA must file new applications or whether, in the alternative, the applications must be re-noticed and the protest period re-opened.
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"VIRTUALLY IMPOSSIBLE" FOR GROUNDWATER MONITORING TO PROTECT SNAKE VALLEY by Dr. John Bredehoeft
The question is: Can one monitor a real groundwater system, with the idea of identifying the explicit impacts of pumping from individual wells or pumping centers, as the Nevada State Engineer implied, and which various Federal agencies bought into? It is virtually impossible. Let me explain why:
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Salt Lake City Mayor and Millard Co. Commission letters opposing the NV-UT agreement
The letters have been combined in this source, but they were sent to UT Governor Herbert separately on Jan 6, 2010 and provided reasons the agreement should be rejected and requirements for accepting an agreement.
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Seventh Judicial District Court in Pioche, Nevada critical reversal of the State Engineer’s ruling on the Southern Nevada Water Authority’s water rights applications in Cave, Dry Lake, and Delamar Valleys in rural eastern Nevada.

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Written comments by Millard County, Utah regarding the draft document entitled "AGREEMENT FOR MANAGEMENT OF THE SNAKE VALLEY GROUNDWATER SYSTEM"
Attached are written comments by Millard County regarding the draft document entitled "AGREEMENT FOR MANAGEMENT OF THE SNAKE VALLEY GROUNDWATER SYSTEM," released to the public August 13, 2009. Additional documents are also attached, which should be considered as part of and incorporated into Millard County's comments. They are: • 3-page pdf summary of Millard County's proposed counteroffer to Nevada • 9-page power point collection of background materials which support and explain Millard County's position and proposed counteroffer • Prepared written remarks (WORD document) by Millard County Snake Valley citizen Jerald Anderson, presented on behalf of Millard County to the Legislative Interim Natural Resources, Agriculture and Environment Committee on September 16, 2009 • Results (1 page pdf) of public opinion survey taken September 8, 2009 in Delta, Utah • Summary (1 page powerpoint doc) of support for Millard County's position • 9-18-09 Salt Lake Tribune Editorial (pdf document) • 9-20-09 Deseret News Editorial (pdf document) • Relevant portions of Cave, Dry Lake and Delamar Valleys ruling by Nevada Engineer - to show that the draft agreement is not the only means of providing environmental protection to Snake Valley from SNWA pumping • Relevant portions of Spring Valley ruling by Nevada Engineer - to show that the draft agreement is not the only means of providing environmental protection to Snake Valley from SNWA pumping Thank you for the opportunity to submit these comments. J. Mark Ward Utah Association of Counties FOR MILLARD COUNTY, UTAH 5397 South Vine Street Murray, Utah 84107
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Citizens Hearing: NV-UT Draft Groundwater Agreement
Public Comments on the Draft Agreement: Transcript of UAC-GBWN Citizens’Hearing Held September 9, 2009 List of Speakers: (in order, name underlined above their comments) Peter Corroon, Mark Ward, Terry Marasco, Dan McCool, Brian Moench, Kenneth Norman, Curtis McCarthy, Steve Summers, Maury Harmon, Cecil Garland, Robert Comstock, Kirk Robinson, Bob Brister, Paul Van Dam, Joel Ban, Jerald Anderson, Don Ries, Gerald McDonough, Ted Wilson, Paul Tusting, Chris Wheeler, Ed Uehling, Ilene Ferris, Rupert Steele, Darin Smith, Kathy Walker, Steve Erickson
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GBWN Comments on the NV/UT Snake Valley Shared Groundwater Agreement
The GBWN strongly supports the goals of the Draft NV/UT Shared Groundwater Agreement, the equitable division of groundwater in Snake, Hamlin, and Pleasant Valleys and the protection of existing water rights and the valleys' environment (sustainable use). However, the GBWN is disappointed in the process used by both States to develop the Draft Agreement as well as the rush to finalize a flawed agreement. Secret processes rarely result in good public policy decisions because major stakeholders are left out of the negotiations. In this case, the Confederated Tribes of the Goshute Indians were totally left out of the negotiations. There is also no role provided for the Utah Legislature's authorized Snake Valley Aquifer Advisory Commission in either the development or the implementation of the Draft Agreement. Nor is the Great Basin National Park mention in these agreements. Despite the problems with the process used to develop the Draft Agreement, we agree with Nevada and Utah negotiators who now support a transparent process for managing Snake Valley water cooperatively. While we appreciate the extension of the comment period to September 30, 2009, we are concerned that the public has not had adequate opportunities to review a document which has taken over 4 years to develop, nor has the public had adequate opportunity to obtain documents related to the negotiation process. There has been no publicly stated rationale as to why the proposed Agreement must be "approved" by mid-October. We agree with the editors of the Deseret News who cautioned (September 20, 2009) against the sales pitch argument that the States have to sign now or the deal is off. Signing in mid-October would not provide for an adequate response by the negotiating team to public comments. Indeed, it would be extremely inappropriate for the public to be notified of the changes that were made in response to public comments at a rushed Agreement signing ceremony. Therefore, we request that you provide for a 30 day public review period of the Draft Agreement, once it is revised in response to public comments received before the September 30 deadline. The GBWN believes that the Draft Agreement fails to meet any of its goals - equitable division of shared groundwater in Snake (and Hamlin and Pleasant) Valley, protection of existing permitted uses, and protection of the environment.
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Potential Environmental Effects of the Southern Nevada Groundwater Project
Potential Environmental Effects of the Southern Nevada Groundwater Project, James E. Deacon, Ph.D., Distinguished Emeritus Professor of Environmental Studies and Biology
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Energy Down the Drain: The Hidden Costs of California's Water Supply (Pacific Institute)
To save energy, it is important to save water. As California's electricity demand sets record highs and the Southwest is parched by drought, a new report by the Pacific Institute and the NRDC shows the hidden connection between energy and water. "With power shortages and a water scarcity a constant threat across the West, it's time to look at water and energy in a new way," said Dr. Gary Wolff a co-author of the report and Principal Economist and Engineer with the Pacific Institute. "But too often, policy makers and water and energy experts ignore the links. The good news is we can reduce our energy use, cut air pollution and create new energy supplies with cost-effective improvements to water efficiency."
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Breakdown of SNWA spending on outside law firms
This spreadsheet details SNWA spending on outside firms (despite a substantial, well paid in-house legal staff) to support its rural water grab. It is no coincidence many consider the agency more powerful than any other and one that sets its own agenda.
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Scientists and Doctors Express Concern to Utah and Nevada Governors Huntsman and Gibbons the about Impacts of a Massive Groundwater Mining Project in Utah & Nevada
On March 18, 2009 Governors Jon Huntsman (UT) and Jim Gibbons (NV) received a letter from leading scientists stating: “A comprehensive evaluation of the Southern Nevada Water Project would almost certainly conclude that the project will adversely impact rural livelihoods, substantially lower groundwater aquifers, reduce biodiversity, and will not be sustainable.” The 147 scientists and MDs are from 25 states, and Mexico and Germany. A copy of the letter also was sent to local, state, and national law- and policy makers in the two states.
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Re-creating an environmental disaster in E. Nevada and W. Utah Desert from massive groundwater pumping and pipeline project proposed by SNWA?
The agency in charge of writing the environmental impact statement, the Bureau of Land Management, just issued this NEWSLETTER update on the EIS. The EIS process started in 2004 and has had two periods of "scoping issues to be studied" as SNWA is changing its project description, presenting a moving target for the public to participate in critical water decisions. Conservationists statewide, rural residents targeted to lose water, and urban residents threatened by water for more growth and sprawl in So. Nevada are concerned about the validity and independence of the EIS analysis. Because SNWA is paying for its development, collecting most of the "data," and providing its own hydrological expert to construct the water model for the EIS, will EIS "decisions" on whether and how much SNWA pumping will impact rural communities, the environment and So. NV be accurate? The just-released BLM newsletter discloses a couple of major changes to the SNWA project, a new schedule for release of the draft EIS and supporting documents, 6 pumping alternatives and 5 alignments which have been "chosen for detailed analysis." Of special note are the pending release of baseline summary reports on both hydrology and biology (mid-January 2009), the inclusion of two alternatives with little to no pumping in White Pine County's Spring and Snake Valleys, and a further delay in releasing the draft EIS to late summer or fall of 2009. The dEIS release will occur at the exact same time the Nevada State Engineer will be conducting 4 weeks of the Snake Valley hearing with a 30 day "minimum" comment period.
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Dean Baker, Rancher—Snake Valley, Nevada
For the most part all living things in the region, not just humans, are dependent on the Great Basin aquifer and its springs for water. According to Dean Baker, “Virtually any level of irrigation here leaves nearby springs dry, and the vegetation dies. That’s just a drop in the bucket by comparison with what will happen when SNWA turns on the spigot and starts pumping 50,000 acre-feet per year. And once the vegetation goes, the dust will really start blowing around... “I just don’t believe the people in Las Vegas want to kill everything and take people’s communities and livelihoods away. There are better ways for Las Vegas to have the water it needs. Improved conservation would go a long way. Las Vegas could grow quite a bit and not need any more water than it has now.”
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LAS VEGAS SUN'S 5 PART SERIES ON WATER: "Las Vegas Water and Power".
Even though it isn't a publication, this outstanding series written by Emily Green and published by the Las Vegas Sun plunges the reader into the deep waters of unrestricted growth in Southern Nevada, its desire to grab water resources 300 miles away, and power politics. Find the articles in our web pages under the "news" section or you can copy and paste the following into your browser to connect to the Las Vegas Sun's first of the series articles. Each of the articles are found there under a hyperlink on the right side of the part 1 story. http://www.lasvegassun.com/news/2008/jun/01/satiating-booming-city/
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Assessing protection for imperiled species of Nevada, U.S.A.: are species slipping through the cracks of existing protections?
This study by the Center for Biological Diversity scientists Noah Greenwald and Curt Bradley, published June 2008 in the international journal "Biodiversity and Conservation", found that a majority of Nevada’s 384 imperiled species are not protected by reserves or laws such as the Endangered Species Act. The study maps all of Nevada’s protected reserves, which included wilderness areas, national parks, national wildlife refuges, Nature Conservancy preserves and other similarly protected areas, and cover 14 percent of the state. Overall , the study found that 212 (55 percent) of the 384 species had fewer than 25 percent of occurrences in reserves and of these, only 9 percent are currently receiving alternate protection under the Endangered Species Act or voluntary conservation plans. This study shows that Nevada needs more protected reserves.
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Gambling on the Water table
Las Vegas long ago tapped out the limited groundwater available in southern Nevada. Although the city has made significant progress in its efforts to conserve water, its explosive growth continues, leading to a search for more water hundreds of miles away in the most remote and undeveloped areas of the state. Under the "Clark, Lincoln, and White Pine Counties Groundwater Development Project", the Southern Nevada Water Authority proposes to extract hundreds of thousands of acre-feet of groundwater from eastern Nevada and convey it to the greater Las Vegas area through a massive pipeline. This report describes this plan, the natural and hum an communities it threatens and some alternatives the city should implement before attempting to take any more water from this fragile desert.
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Hidden Oasis: Water Conservation and Efficiency in Las Vegas EXECUTIVE SUMMARY
An complete overview of the recommendations from the "Hidden Oasis: Water Conservation and Efficiency in Las Vegas" report in summary form. Easy to read and just a few pages. The full report is also available from the list under the title "Hidden Oasis: Water Conservation and Efficiency in Las Vegas".
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Water in the Urban Southwest: An Updated Analysis of Water Use in Albuquerque, Las Vegas Valley, and Tucson
The southwestern United States, with its plentiful sunshine and mild climate, has seen unprecedented growth over the past few decades, and population projections show continued expansion well into the middle of the century. ... [W]e examine water use in ... Albuquerque, the Las Vegas Valley, and Tucson. Despite the similarities among these communities, the way that water is both used and managed is quite different. All three communities have demand-side management programs that are successfully reducing per-capita water use within their service areas; however, they take a very different approach. While is is important to recognize that all systems are unique, all three also have room for improvement. [Western Resource Advocates, 2006]
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EPA- Strategy: Response to Climate Change (draft)
It is no shock to those of us who live in the west that water supplies are dwindling due to climate change. While the EPA has been ignoring the problem of climate change since 2000, it now has published a draft strategy for "living" with climate change. The report is not hard hitting and still understates what scientists have generally agreed to for years about the cause. It does identify problems and some potential responses (mostly in regard to pollution). The report characterizes the problem in the Southwest U.S. simply: • annual precipitation has decreased; and • “[h]eavily utili[z]ed groundwater-based systems in the southwest U.S. are likely to experience additional stress from climate change that leads to decreased recharge …” Of course, this also means less surface water too; but EPA doesn't mention it. A report disclaimer tells the reader that nothing in the report means that action is being called for.
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SNWA-Federal Stipulation: Trouble Ahead
This presentation outlines the stipulated agreement between the Southern Nevada Water Authority and the Federal Agencies as presented by Kay Brothers, Head of Resources for the SNWA at the State Engineer Hearing for Cave, Delamar, and Dry Lake Valleys on February 4, 2008. It appears to offer little recourse for damages from over-pumping other than the likelihood of expensive court proceedings and a promise of "augmentation" water. The question is, from where will that water come?
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USGS Examines Importance of Water Budgets
A new USGS Circular illustrates the importance of water budgets as an essential tool in addressing concerns about water availability in the 21st Century.
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The Importance of Ground Water to Rivers in the West
Many ask, "Why should people who care about healthy rivers also care about ground water management?" Our answer: ground and surface water are connected to each other and as a result, pumping ground water can adversely affect river flows. In too much of the West, new water users start using ground water because river flows are insufficient. Ground water is seen as a new source to solve their water needs, but ground and surface waters are not separate and will rise and fall together. Ultimately, rivers bear the burden.
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Hidden Oasis: Water Conservation and Efficiency in Las Vegas
Two of the West's preeminent water organizations report Las Vegas Valley is sitting on an oasis of water and money savings. In their new report, the Pacific Institute and Western Resource Advocates find up to 40% of water could be saved in some sectors through improvements to indoor and outdoor water efficiency. They also found that through improving indoor water efficiency in particular, Las Vegas residents and businesses can cut water-related energy use and greenhouse gases. (For the Executive Summary click on the title "Hidden Oasis: Water Conservation and Efficiency in Las Vegas EXECUTIVE SUMMARY".
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Where Does It Start? Where Will It End?
The Progressive Leadership Alliance of Nevada's (PLAN) report on the Las Vegas and the Groundwater Development Project, provides an overview of the potential plans, costs and impacts of the Southern Nevada Water Authority's proposal to extract groundwater from rural Nevada and Utah and send it over 250 miles to Las Vegas.
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