Nevada top court reverses ruling on water deal

SALT LAKE CITY — A controversial water deal between Utah and Nevada — one that appeared destined for signatures just weeks ago — was upended Thursday after Nevada's Supreme Court reversed a lower court ruling on the matter.

In response to the decision, Utah Gov. Gary Herbert has directed that negotiations regarding water in the Snake Valley area be put on hold.

"This ruling significantly changes the landscape upon which our ongoing discussions have been based," Herbert said. "It allows us to revisit the proposed agreement with the state of Nevada and ensure that our continued desire to protect Utah's water interests and the environment is met."

That deal, which would have given the Southern Nevada Water Authority the go-ahead on drawing up to 50,000 acre-feet of water from the Snake Valley aquifer, was on the cusp of closure earlier this month. The water would have helped feed a $3.5 billion pipeline to Las Vegas and neighboring cities. Now, however, all bets are off.

"Based on the additional requirements imposed by the Nevada Supreme Court, an agreement, at this time, is premature," Herbert said. "We now have additional opportunities to continue to look at the issue and ensure that Utah's interests are protected well into the future."

The Nevada top court declared some water application rulings made by its state engineer occurred outside of a one-year statutory limit and remanded the case back to a state district court for further action. The decision also reopens the public protest period for the agreement.

One of the appellants in the case, the Great Basin Water Network, a group that represents dozens of rural Nevada landowners, called the ruling a victory for the ecology and for residents of Nevada and Utah.

"This is a very important decision and a home run for the public," said Great Basin Water Network coordinator Rose Strickland. "The Supreme Court followed the Nevada water law. If we follow the law and the science, there will be no misguided pipeline threatening the environment and economies of rural Nevada and Utah."

Salt Lake County Mayor Peter Corroon had taken a stand against the agreement, concerned that the environmental effects of a water draw-down in the Snake Valley could contribute to worsening air quality issues in the county.

Corroon, who is also a Democratic candidate for governor, lauded Thursday's decision by the Nevada court and said Herbert took the right action in response.

"Salt Lake County appreciates that Gov. Herbert has decided to postpone signing the currently proposed deal," Corroon said. "In a state where water is at such an extreme premium, we need to protect it as much as possible."

Officials in the governor's office said it is unknown how long it will take for the Nevada district court to make its decision after remand from the Nevada Supreme Court.

Contributing: Lisa Riley Roche

e-mail: araymond@desnews.com