28 Oct 2009

The Law Speaks. Will Mulroy Listen?

via RW, we have this bad news sensible decision from a Nevada judge:
Judge Norman Robison ruled that State Engineer Tracy Taylor "abused his discretion" and "acted arbitrarily, capriciously and oppressively" when he cleared the [Southern Nevada Water] Authority to pump more than 6 billion gallons of groundwater a year from Cave, Delamar and Dry Lake valleys.

The senior judge from Gardnerville wrote that the state's chief water regulator traditionally requires "specific empirical data" before allowing groundwater to be transferred out of a basin. This time, though, the state engineer is "simply hoping for the best while committing to undo his decision if the worst occurs," Robison wrote.
Did you get that last bit? Hoping for the best? As in, Mulroy is really going to keep her promise to stop if things get outa control? Yeah, right. Reminds me of Lucy's promises to Charlie Brown!

Addendum: More (much more) from Emily Green

Bottom Line: The only solution to abuse of power is countervailing power -- as our founders so wisely foresaw -- and this ruling will require Pat Mulroy and the "endless growth" brigade to work harder (or give up!) before they can exploit economically and politically weak neighbors.


  1. RayWalker WaterSource/WaterBank28 Oct 2009, 16:15:00

    This comment has been removed by a blog administrator.

  2. RayWalker WaterSource/WaterBank29 Oct 2009, 02:09:00

    Unless this Judge's ruling is over-ruled by a higher Court, the SNWA & Mulroy are forced to listen/obey.

    Remember, this is the case where all of the governmental agencies bowed out of the case with the assurance that if damage occurred, the groundwater withdrawal would be curtailed. As the South Platte, Arkansas and Rio Grande River basins can attest, this is easier said than done when thousands of water users, many of them domestic, are suddenly expected to shut off their water.

    Maybe now SNWA et al. will investigate alternatives to this pipeline? Nahh, ... " water is for fightin' over."

  3. Really good news! Reading the ruling, the judge practically came right out and said the SE is a bought dog. Like DZ, I would never have expected such a blunt rejection of official corruption in NV.

    As for "monitoring and mitigation," that kind of BS really cheeses me off. It's utterly corrupt thinking, because nobody really believes it will ever work. Once the water is lapped up by LV, there is no power on Earth that will ever force it to give any back. As a hydrogeologist myself, having seen that kind of crap offered up time and again, I really empathize with Durbin.

  4. I am simply stunned by this decision. The opposition has played by the rules. Las Vegas deliberately suppressed impact studies. The judge has called them on it. I never thought I would live to see this day.

  5. DZ

    You deleted some of what I wrote and added a few words ! Please don't add words. Note that I wrote the SNWA "would not have to change their plans"... I did not write, investigate alternatives ... "to this pipeline".

    The eventual trick to solving the water dilemmas will be to 'tip toe through the tulips' without damage to existing contracts/contractors... no loss of JOBS !

  6. @Ray -- sorry. I was trying to keep most of your content without your spam. Would you prefer that I just delete the whole post next time?

  7. DZ,

    When you get old like me, you will have learned that it is not necessary to always throw the baby out with the bathwater ...

  8. Right -- that's why the baby was left in what remained of your comment, my "mis-paraphrasing" on a few words aside. Of course, you may think I threw out the baby, but that's your baby, not OURS :)

  9. It's Las Vegas's "baby" and its a sick puppy ...

    All of the cities with the 10 highest foreclosure rates were in California, Florida and Nevada, led by Las Vegas, Nevada; Las Vegas had a third-quarter foreclosure activity rate of 5.13 percent, affecting one in 20 households with loans.


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