Judge refuses to alter Nevada water ruling

Published: Friday, Dec. 1 2006 12:00 a.m. MST

A federal judge has denied a motion filed by West Wendover, Nev., officials to reconsider his ruling that the city's ordinance forcing all home and property owners to only use the city's water system is illegal.

The ordinance excluded the ability of West Wendover's sister city, Wendover, Utah, to provide water to residents.

In a decision issued Thursday, U.S. District Judge Ted Stewart said West Wendover's arguments in the matter were "unconvincing" and said some of the points raised in the motions were never originally raised in the original legal briefs.

Last December, Stewart determined that a controversial 1992 ordinance passed by West Wendover was unconstitutional. The ordinance essentially cut off Wendover (Utah)'s ability to provide water service, which it had done for its Nevada neighbor for more than 70 years.

The change forced the State Line Casino to switch, causing a $90,000 a year loss for the Utah side, which forced city officials to refinance several city bonds. The ordinance prompted Wendover officials to filed suit in 2003.

West Wendover city officials now have the option to appeal Stewart's rulings to the 10th Circuit Court of Appeals in Denver.

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