Judge tosses roadblock into Snake Valley deal

A Nevada judge's sternly worded ruling blasting a water giveaway as "arbitrary" with "oppressive" consequences has tossed a huge roadblock in the way of a controversial pipeline opposed by Utah ranchers and farmers.

The ruling by Judge Norman Robinson of Nevada's 7th Judicial District reverses water right applications granted by the state engineer to the Southern Nevada Water Authority for Cave, Delamar and Dry Lake valleys.

Those valleys are in the same geographical region as Snake Valley, which straddles the Utah and Nevada border, and are integral to the water authority's plan to build a $3.5 billion, 285-mile pipeline to convey water to Las Vegas.

The judge said the state engineer's decision to grant those water rights "results in an oppressive consequence for the basins affected, with the state engineer simply hoping for the best … ," adding that the engineer "abused his discretion" because there was no evidence cited over the availability of water for future use.

A SNWA spokesman called the ruling "flat-out wrong."

"We believe there are numerous grounds for appeal," said Scott Huntley, adding that the judge's reversal tossed out "nearly 100 years of Nevada water law."

The groups that brought the suit over the engineer's decision disagree.

"We applaud the district court's reversal of an obviously unsound decision by the state engineer," said Simeon Herskovits, who represents one of the groups that appealed granting the water rights. "There can be no doubt that the long-term interest of all Nevadans will be best served by the judge's decision to use common sense and reason in applying Nevada's water law."

It is unclear what impact the ruling will have on a pending, controversial water sharing agreement between Nevada and Utah officials that proposes to split the water in Snake Valley.

The draft agreement was released this summer and prompted hundreds of Utahns to comment on its provisions, which have been criticized for "giving" too much water away to Nevada.

Although the agreement comes with strict environmental protections, ranchers, farmers and other residents of Snake Valley say any pumping of the aquifer will result in disastrous consequences in already arid region struggling to sustain current water uses.

Several Utah counties have gone on record in opposition to the agreement, including Salt Lake County leaders who are concerned tapping the aquifer will cause native plant life to dry up and result in dust storms that will blow into the Wasatch Front.

The Utah Division of Air Quality will have a pollutant monitor in the area, according to agreement, but that has done to little to allay concerns.

Mike Styler, head of Utah's Department of Natural Resources and a member of the Utah negotiating team, declined to comment on the ruling.

e-mail: amyjoi@desnews.com