State rules on Nevada developer's water plan

February 2007

U.S. Water News Online

CARSON CITY, Nev. -- The state has turned down much of the request by a rural Nevada county and a water marketing firm to sell water rights to Reno businessman Harvey Whittemore for a huge development he's building about 50 miles north of Las Vegas.

State Engineer Tracy Taylor told the Lincoln County Water District and Vidler Water Co. that 1,000 acre feet of water can be pumped from Kane Springs Valley, rather than at least 5,000 acre feet sought for Whittemore's Coyote Springs project.

"The state engineer concludes that to permit the appropriation of water in an amount greater than permitted under this ruling will conflict with existing rights and threaten to prove detrimental to the public interest,"Taylor wrote in the 23-page ruling.

Susan Lynn of the Great Basin Water Network, which had raised questions about the water-pumping plan, said the Vidler request would have "mined" too much water out of Kane Springs Valley, adding, "Even at 1,000 acre-feet a year you're milking it for all that it's worth.''

Lynn also said the state engineer's decision "is a good one and is a positive sign for other battles over groundwater resources"in Nevada.

"The state engineer is paying attention to what is the real amount of water, being cautious and avoiding overpumping,"Lynn added.

Bob Fulkerson of the Progressive Leadership Alliance of Nevada, which works on environmental and social-justice issues, noted the state engineer gave another cautious decision last year in a case involving the Southern Nevada Water Authority.

"These decisions, taken together, show that the state's top water official is not afraid to make tough decisions for the benefit of all the citizens in the state,"he added.

During hearings on the Kane Springs Valley plan last year, hearing officer Susan Joseph-Taylor raised concerns that the sale of the rights would conflict with state law and that water applicants must themselves use the water.

Whittemore had argued that Lincoln County has no chance of surviving economically unless the state engineer approved the water allocation for his development, where he plans to eventually build tens of thousands of homes. The project is only a few miles from Kane Springs Valley.

Whittemore had predicted Coyote Springs will produce $100 million a year in tax revenue for every 40,000 homes constructed. He also said he eventually will need 50,000 acre feet of water for the development. He owns 4,600 acre feet of water rights at Coyote Springs.


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