Water deal could reach governors by October

A controversial water-sharing agreement between Utah and Nevada could be on the desks of both states' governors by mid- to late October.

Mike Styler, executive director of the state Department of Natural Resources, told a Utah legislative interim committee Wednesday that the Snake Valley aquifer draft agreement should be finalized by that time for gubernatorial review and possible endorsement.

Natural-resources departments in both states are continuing to accept comments until Sept. 30 on the agreement that divvies up the groundwater in Snake Valley, which straddles the border.

The draft agreement is the result of four years of negotiating by teams from the two states and was crafted after Southern Nevada Water Authority made application for water rights to what it views as a shared resource.

While most of the land is in Utah, the majority of the water originates in the mountains of Nevada.

The water authority wants to tap the aquifer and build a pipeline to convey water to Las Vegas households.

Although the agreement is not in support of the pipeline — or does not hasten its development because of pending environmental and engineering reviews — critics fear the agreement rushes Utah into a corner where it gives up too much water.

"We don't see this as an agreement that merits the state's endorsement," said Steve Erickson with the Great Basin Water Network, adding he fears Utah Gov. Gary Herbert will sign off on the agreement and endorse "an inequitable deal ceding Utah's water."

Styler, a member of Utah's negotiating team, countered that having an agreement in place at least gives Utah a bargaining place at the table, absent expensive litigation. The agreement, too, is subject to modifications, pending findings by engineers and scientific studies.

Members of the Natural Resources, Agricultural and Environment Interim Committee endorsed sending an official letter as public comment outlining the concerns over mining of groundwater.

Although the draft agreement prohibits such a practice, the letter points out that the agreement "doesn't specifically address how mining would be determined and over what period of time."

Additionally, the committee approved a recommendation by Rep. Brad Winn, R-Ephraim, who said the agreement should not be finalized by the governors until members of the Snake Valley Advisory Council are in place and have had a chance to weigh in.

Winn, who represents Juab, Millard and Sanpete counties, ran a bill last session that was passed and signed into law to establish the council. Its formation has been delayed with the change in gubernatorial administrations.

The draft agreement can be viewed at naturalresources.utah.gov.

e-mail: amyjoi@desnews.com