Posted: Nov. 30, 2007     Author: Cecil C. Garland

The Project

Almost three years ago, SNWA came to Baker and declared that they intended to take water from Snake Valley. Most of our efforts since that time has been in keeping our water here, getting our story out to the media, affecting the thinking and understanding of our local, state, and federal government, and preventing, if at all possible, an agreement between the states of Utah and Nevada to take water from the northern basins to Las Vegas.

This paper is an attempt to determine where we are now in the water grab. We have had some considerable success informing those people who can help us in this difficult process. However, one thing has remained constant and that is SNWA's determination to take water from the northern valleys. Nothing has changed that. The ruling by the Nevada State Engineer has been viewed by many as both fair and favorable. But those who live here in Snake Valley realize that 40,000 acre feet is a lot of water. Add to that the water from the ranches that they have been able to purchase has been enough for Patty to declare, "We have a project."

The focus now shifts to Snake Valley and the upcoming hearing by the Nevada State Engineer. SNWA knows very well that the State Engineer will not allow 50, 000 acre ft of water to be taken from Snake Valley. If they get only 25,000 acre ft, they will "have a project". The one thing that has remained constant in this on-going controversy is that SNWA will put down wells on the Nevada side of the state line and pump water either destined for Snake Valley or from under Snake Valley. While we have won some battles, we are a long, agonizing way from winning the war. Recently, there was an effort by the Nevada state to break off negotiations from the state of Utah. Apparently, they had come to view the talks as of no value and that after SNWA had jumped through enough hoops they would put down wells on the Nevada side of the line. Once again, they "have a project". What Mike Styler promised the Nevada negotiating team in order to have Nevada continue the negotiations is anyone's guess and everyone's concern. Obviously the negotiations between Utah and Nevada cannot go on forever without some "progress" being made toward allowing SNWA to take water. They "have a project". At this point the question must be addressed as to whether those opposed to the SNWA project have made any real progress towards stopping the water grab. The Nevada State Engineer has given SNWA the right to take water from the "White Pine River" in Spring Valley. That is a part of the recharge system for Snake Valley and has been since the Ice Age.

Since nothing really stands in the way of "the project", then of what value are the negotiations between Nevada and Utah? Of what value is the wording in the Lincoln County Land Act which says only that prior to any water being taken from Utah etc. which means from my perspective that they will take water but only after both sides have jumped through certain hoops? Yet, in the end "the project" grinds on.

A few things seem certain. Any agreement between Utah and Nevada will of necessity lead to meditation, mitigation, compensation where appropriate, and ultimately to litigation. The final result is that we will have lost and "the project" proceeds. Surely then, when the pipeline is built SNWA will pump totally consumptive water from the northern basin one way or another just as was done in Owens Valley. My view is that after all of the agonizing deliberations by all the government agencies concerned and remembering the Stipulated Agreement between the agencies of the Department of Interior and SNWA, they will "have a project."

What then if any is there a chance to stop the water grab? This brings up the dreaded and feared "C" word-the courts. Any discussion of litigation must take into consideration the mood of the courts. We are all aware of the Supreme Court's decision to take private property over the objections of the owners and the citizens to build a mall. However, on a more optimistic note, we know that much has changed in the last 50 years with the citizens' and the courts' attitudes of the environment as a whole and what we know about groundwater in general. It may be that the taking of water from upstream sources regardless of state boundaries and regardless of existing water rights might be viewed by the courts as an incorrect taking. One thing is for sure. The hard, cold, empirical fact is that there is no surplus water in Snake Valley. The science must be made the prevailing, dominate issue of any litigation. And the science is with us.

While SNWA may have a gaggle of lawyers on their payroll, still only so many will be allowed in court and one can only hope that SNWA cannot hire all of the lawyers with the ability to reason, to think, and to argue. In any event, the issue will, I believe, wind up in court. To quote a friend, "There will be a race to the courthouse." Can we win and stop "the project"? No one knows whether we in The Great Basin or SNWA will prevail. One thing is sure. We have a chance in the courts, and there will be little or none otherwise. The world will be watching that courthouse. The courthouse will be filled with the media and the decision that is rendered will be viewed worldwide and precedent setting. It is also likely that the decision, whichever way it goes, will be appealed by the losing side. There is little doubt that SNWA will take our water if the State of Utah does not have the will to commit resources and time to fight the battle. In the meantime, we, the opposition, must continue to oppose assiduously and unrelentingly "the project".

Water is life. Don't gamble with it.