Nevada Supreme Court backs state engineers in water management case

CARSON CITY, NV (CN) — The Nevada Supreme Court has affirmed the state engineer's authority to merge multiple water basins into one hydrographic "superbasin," a decision that could profoundly affect groundwater management in the state and overrides a lower court's finding that the state engineer had overstepped its authority.

At the heart of the dispute was State Engineer Order 1309, which proposed combining seven basins into a single entity. This initiative aimed to address concerns about groundwater overappropriation in Nevada, particularly in an area northeast of Las Vegas where developers envisioned a new city.

Writing for the unanimous court, Justice Patricia Lee, found the lower court's decision in favor of water rights owners throughout the superbasin was improper. Not only does the state engineer have the authority to create the superbasin, Lee and the high court found the due process rights of the plaintiffs had not been violated since they received notice of the plan and had the opportunity to voice their concerns.

Kent R. Robison, representing Coyote Springs Investment LLC — the key developer of the proposed master-planned city of 250,000 — expressed concerns about the ruling's implications. "The prior well-established and relied upon procedures are now in question," Robison said. "We all agree that the prior appropriation doctrine provided some certainty regarding water rights. Now we view that crucial doctrine through a new lens."

He added: "Clark County has already relied on Order 1309 to deny our subdivision map applications. The state engineer essentially 'took' the project in a moratorium that predates order 1309 by several years."

Scott Lake of the Center for Biological Diversity emphasized the finite nature of the aquifer. "The ancient fossil carbonate aquifer underlying the Lower White River Flow System is a finite resource that is already spoken for by the endangered Moapa dace. The main influence of climate change on water policy in Nevada is exacerbating scarcity. Water management in Nevada is based on the concept of perennial yield... Because of climate change and associated drought, perennial yields are dropping."

He said the high court's decision affirms the state engineer’s much-needed authority to develop science-based solutions to over-appropriation where it exists."

The ruling is a crucial step in balancing the state's developmental aspirations with the need for environmental conservation. It sets a precedent for the administration of water rights in Nevada, particularly in regions facing ecological challenges and water scarcity, according to Lake.

The decision also has implications for urban areas like Las Vegas that rely on these water sources, and reflects an increasing awareness of the need for sustainable water management considering climate change and urban demands.

The case involved a diverse array of interested parties, including agricultural users, real estate developers, and environmentalists. As they and experts continue to analyze the ruling, its broader implications for Nevada's water management remain a topic of discussion and deliberation.

“This decision affirms the state engineer’s much-needed authority to develop science-based solutions to over-appropriation where it exists, and also confirms that the state has powerful legal tools to prevent over-appropriation and overuse going forward,” Lake said. “We’re hopeful that this will lead to more sustainable and environmentally sound water management in the [superbasin] and across the state.”

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