March 10, 2020 — Baker, Nev — In yet another victory in court for the Great Basin Water Network and White Pine County, Nevada’s Seventh Judicial District Court Judge Robert Estes has denied an appeal by the Southern Nevada Water Authority –– invalidating water rights for the Las Vegas water grab and pipeline. The proposed 300-mile pipeline would siphon billions of gallons of groundwater per year from remote basins in Eastern Nevada, piping it to Las Vegas to feed green lawns, golf courses, and sprawl development. The resultant declines in the water table would decimate hundreds of springs, thousands of acres of wetlands, and impact Great Basin National Park and numerous National Wildlife Refuges. Print Download Decision on Motion For Reconsideration: CV-1204-049 Page PDF — 2.6MB
August 27, 2019 — Pettioners White Pine County, ET AL. Reply Brief — Consolidate Cases CV-1204-049 — Print Download 74 Page PDF
July 09, 2019 — Answering Brief, White Pine County, et al... and Consolidate Cases [Petitioner] vs. Nevada State Engineer [Respondent] - CV-1204-049 — Print Download 62 Page PDF
July 06, 2019 — Answering Brief, Of The Confederated Tribes of The Goshute Reservation, Duckwater Shoshone Tribe, and Ely Shoshone Tribe, et al... and Consolidate Cases [Petitioner] vs. Nevada State Engineer [Respondent] - CV-1204-049 — Print Download 18 Page PDF Pages
July 03, 2019 — Answering Brief, Of The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints on Behalf of the Cleveland Ranch et al... and Consolidate Cases [Petitioner] vs. Nevada State Engineer [Respondent] - CV-1204-049— Print Download 28 Page PDF Pages
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April 22, 2019 —Order Setting Civil Motions Hearing — Case No. CV-1204049. The hearing is set for Tuesday the 12th of November, 2019. The hearing will be held by the Seventh Judical District Court at the White Pine County Couthourse in Ely, Nevada
Print Download 1 Page PDF
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April 02, 2019 — GBWN Opening Brief — This Brief was submitted in support of the Petition for Judicial Review filed in September of 2018. Petitioners (GBWN and others) challenge certain findings of fact and conclusions of law contained in the Nevada State Engineer's August 17, 2018, Ruling 6446 on Remand ("Ruling 6446") from this Seventh Judicial District Court of the State of Nevada [Remand Decision] — [PDF 118 Pages 4.3MB]
EXHIBIT: Order Vacating and Remanding State Engineer's Ruling [PDF 399 Pages 5.3MB]
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April 01, 2019 — Opening Brief of Millard County, Utah and Juab County, Utah - Case No. CV-1204049. This petition for judicial review is about the State Engineer’s 2018 arbitrarily unequal and deficient treatment of petitioners Millard and Juab Counties (“the Counties”) when compared to the Engineer’s 2006 extensive protection provided for the National Park Service’s Great Basin National Park (“GBNP”).
Print/ Download 57 Page PDF
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March 31, 2019 — Petitioners Confederated Goshute, Duckwater, and Ely Tribes’ Opening Brief — Case No. CV-1204049. The Confederated Tribes of the Goshute Reservation, Duckwater Shoshone Tribe, and Ely Shoshone Tribe (“Tribes”) respectfully submit this Opening Brief in support of the Tribes’ Petition for Judicial Review, whereby the Tribes contest the part of SE Ruling 6446 that approved SNWA’s 3M Plans. The Tribes also assign error to the State Engineer’s (“SE”) denial of the Tribes’ Motion to Dismiss for Failure to Join United States Department of Interior Bureaus. See ROA 038975-039048.
Print/ Download 43 Page PDF
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March 29, 2019 — Southern Nevada Water Authority’s Opening Brief — Case No. CV-1204049. This petition for judicial review arises from State Engineer Ruling 6446, which was issued following this Court’s December 10, 2013, decision regarding State Engineer Rulings 6164-6167 on the same water rights applications (“Remand Order”).
Download/ Print PDF 36 Pages
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March 28, 2019 — Opening Brief — Case No. CV-1204049. The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints on Behalf of the Cleveland Ranch.
Print/ Download 19 Page PDF
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August 08, 2017 — First Informational Statement, Public Comment Southern Nevada Water Authority [SNWA] Water Right Applications Hearing on Remand — State Enginner's Office Nevada State Engineer SCDD Remand Hearing
August 08, 2017 — First Informational Statement — with cover letter — State Enginner's Office Nevada State Engineer SCDD Remand Hearing
[Download/Read — Support Documents — DCNR Website]
June 2017 — Remand Hearing before the Nevada State Enginner on Spring CDD — GBWN Nevada State Engineer SCDD Remand Hearing
- Hydrogeology of Spring, Cave, Dry Lake, and Delamar Valleys Impacts of Developing Southern Nevada Water Authority’s Clark, Lincoln, and White Pine Counties Groundwater Development Project Presented to the Office of the Nevada State Engineer on behalf of Protestants White Pine County, Great Basin Water Network, et al. June, 2017 [114 Page PDF]
- White Pine County, Great Basin Water Network, et al. Initial Eevidentiary Exchange and Witness List [3 Page PDF]
- White Pine County, Great Basin Water Network, et al. Initial Evidentiary exchange Exhibit List [2 Page PDF]
- Tom Myers, Ph.D. Curriculum Vitae [10 Page PDF]
November October 24, 2016 — Nevada State Engineer Notice of Hearing and Interim Order dated November 28, 2016 [ Page PDF] — State of Nevada State Lawsuit
October 24, 2016 — White Pine County, ET Al.'s Response to SNWA Motion Regarding Schedule, Proper Parties and Offer Of Exhibits, and to CPB Motion Regarding Discovery and Mandatory Presentations of Proposed Written Testimony [5 Page PDF] — GBWN State Lawsuit
October 14, 2016 — Joinder to Motion to Dismiss for Failure to Join United States Department of Interior Bureaus (In the Matter of Applications 53987 Through 53992, Inclusive, Filed to Appropriate the Underground Waters of Spring Valley, Cave Valley Dry Lake Valley, and Delamar Valley, (Hydrographic Basin 180, 181, 182 and 184) Lincoln County and White Pine County, Nevada. State Lawsuit
Related Document: October 13, 2016 - Before the State Engineer, State of Nevada Department of Conservation and Natural Resources, Division of Water Resources. [Come Now, the Confederate tribes of the Goshute Reservation, The Duckwater Shoshone Tribe, and Ely Shoshone Tribe and in accordance with the October 3, 2016 Interim Order on Pre-Hearing Scheduling, Hereby submits this Motion to Dismiss the matter of SNWA Applications 53987 through 53992 inclusive, and Applications 54003 through 54021, inclusive for failure to Join the United States Department of Interior Bureaus in the present proceeding. In the alternative, the Tribes request the State Engineer to Stay the present proceeding and take no action on the above-referenced water right applications until such time as the United States Department of Interior Bureaus are joined in this proceeding.] PDF 15 Pages State Lawsuit
Declaration of Rupert Steel [7 Page PDF] State Lawsuit
October 03, 2016 — Interm Order On Pre-Hearing Scheduling — Office of State Engineer [PDF, 5 Pages] State Lawsuit
June 02, 2016 — Plaintiffs White Pine County, et al.’s Reply in support of Motion for Summary Judgment and Memorandum in Opposition to Defendant Bureau of Land Management, et al. and Defendant-Intervenor Southern Nevada Water Authority Motions for Summary Judgment: Case 2:14-cv-00226-APG-VCF Document 117 Filed 06/02/16 -- 54 Page Federal lawsuit — Great Basin Water Network, White Pine County, et al.’s [EXHIBIT A]
May 18, 2016 — Plaintiff Center for Biological Diversity’s reply in support of Motion for Summary Judgment; and in Opposition to Defendants’ and Intervenor’s Motions for Summary Judgment: Case 2:14-cv-00226-APG-VCF Document 111 Filed -- PDF 50 pages Federal lawsuit — Center For Biological Diversity
February 26, 2016 — DEFENDANTS’ MOTION [ US BLM & SNWA] FOR SUMMARY JUDGMENT ON THE CLAIMS BROUGHT BY PLAINTIFFS [ Center for Biological Diversity & White Pine County] ET AL. Federal lawsuit [8 Pages] — United States District Court, District of Nevada
December 18, 2015 — Order on Stipulation Extending the Briefing Schedule in the Federal lawsuit against the Record of Decision (ROD) approving Southern Nevada's (SNWA’s) Pipeline Project — The schedule was extended at the request of the Department of Justice (DOJ). It extends the initial briefing deadlines by about 90 days — United States District Court for the District of Nevada, Southern Division
October 30, 2015 Plaintiffs White Pine County, et al.’s Memorandum in Support of Motion for Summary Judgment: Plaintiffs White Pine County, Great Basin Water Network, Central Nevada Regional Water Authority, Sierra Club, Baker Water & Sewer General Improvement District, Utah Physicians for a Healthy Environment, Utah Rivers Council, Utah Audubon Council, and League of Women Voters of Salt Lake, Utah (collectively, "Plaintiffs") seek summary judgment from the United States District Court for the District of Nevada against Defendants (collectively "BLM" - Bureau of Land Management). Summary judgment is sought concerning BLM's decision for granting to Defendant-Intervenor Southern Nevada Water Authority ("SNWA") a right of way ("ROW") for construction of a pipeline to serve SNWA's Clark, Lincoln, and White Pine Counties Groundwater Development Project ("GWD Project"). Plaintiffs contend that BLM failed it's duties under the National Environmental Policy Act, the Federal Land Policy and Management Act, and the National Historic Preservation Act. Accordingly, Plaintiffs respectfully request the Court to grant Plaintiffs White Pine County, et al.'s Motion for Summary Judgment and issue an order declaring the BLM's approval of the GWD Project and ROW unlawful and vacating the BLM's decision.
Read the Executive Summary: Motion for Summary Judgment [3 Pages PDF]
Read the Motion for Summary Judgment [53 Pages PDF]
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October 30, 2014 — State of Nevada — In The Supreme Court of the State of Nevada: Reply to White Pine County et al.’s, Corporation of the Presiding Bishop’s, the Confederated Tribes of the Goshute Reservation’s, the Ely and Duckwater Shoshone Tribes’ and the Utah Counties’ Answers to the State Engineer’s Petition for Writ of Mandamus [56 Pages]
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May 30, 2014 — Souther Nevada Water Authority — In The Supreme Court of the State of Nevada: Petition for Writ of
Mandamus — Souther Nevada Water Authority (SNWA) [DANIEL F. POLSENBERG, JOEL D. HENRIOD, JUSTIN J. HENDERSON, PAUL G. TAGGART, GREGORY H. MORRISON, GREGORY J. WALCH, DANA R. WALSH]
Read Petition [PDF, 76 Pages – 300KB]
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May 29, 2014 — State of Nevada — In The Supreme Court of the State of Nevada: Petition for Writ of
Mandamus [CATHERINE CORTEZ MASTO Nevada Attorney General - CASSANDRA P. JOSEPH Senior Deputy Attorney General and JERRY M. SNYDER Senior Deputy Attorney General]
Read Petition [PDF, 50 Pages – 3.1MB]
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February 25, 2014 — Corporation of the Presiding Bishops of the Church of Jesus Christ of Latter-Day Saints [LDS] of behalf to the Cleveland Ranch: — In The Supreme Court of the State of Nevada: The "Statement" presented the issues raised in the LDS's own narrow appeal and also presented their response to SNWA’s and the State Engineer’s statement of the issues on appeal.
Read the Docking Statement [PDF 81 Pages, 5 MB]
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February 12, 2014 — Lawsuit Filed to Halt Massive Las Vegas Water Grab LAS VEGAS — The Center for Biological Diversity filed a lawsuit in U.S. district court today to halt a right-of-way needed for the Southern Nevada Water Authority's long-proposed pipeline (commonly known as the "Groundwater Development Project"). If allowed to proceed, the pipeline would siphon more than 27.3 billion gallons of groundwater each year from the desert of eastern Nevada and pump it more than 260 miles to the Las Vegas Valley. The controversial $15.5 billion project would have profound effects on people, wildlife and Nevada's natural heritage
Read the Press Release
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December 11, 2013 — GBWN Press Release on NV State District Court Ruling
Court invalidates water rights for Las Vegas pipeline — Baker, Nevada, A Nevada court today resoundingly rejected the Nevada State Engineer’s allocation of some 84,000 acre feet per year of groundwater in four rural valleys that the Southern Nevada Water Authority planned to pump and pipe to Las Vegas.
Download Press Release (1 Pages)
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December 10, 2013 — State District Court Judge Robert Estes Ruling
Judge Robert Estes issued a ruling 12-10-2013 in favor of appellants (combined and consolidated cases) in the GBWN/White Pine County lawsuit challenging the State Engineer's rulings on water right applications for the Southern Nevada Water Authority in Spring, Cave, Delamar, and Dry Lake Valleys in Eastern Nevada.
Download Decision (23 Pages 1.0 Mb)
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June 10, 2010 — Nevada Supreme Court's Modified Opinion favorable to the Protestants of the Southern Nevada Water Authority's 1989 pumping applications
Download Decision (19 Pages)
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Other Resources
July 17, 2013 — A Q & A with environmental lawyer Simeon Herskovits — Simeon Herskovits was once on track to be a lawyer for business interests on Wall Street, but a calling to address critical issues of environmental, social and economic justice brought him to the Southwest. A former staff attorney and director of the Western Environmental Law Center’s southwest office his permanent office is now in Taos, N.M., where he is the president of the firm Advocates for Community and the Environment. He represents Great Basin Water Network, White Pine County and a host of others working to stop the Groundwater Development Program of the Southern Nevada Water Authority, the $15 billion plan to pump groundwater from rural Nevada. — Las Vegas City Life — Download PDF
External Link — Nevada State Engineer’s SCDD hearing Records. This webpage contains information "Stipulations (Stip)" for the Spring, Cave, Dry Lake, and Delamar Valleys water hearings. For specific information see State Engineer Exhibits 41 (Spring Valley Fed/SNWA Stip), 80 (CDD Valleys Feds/SNWA Stip), and 95 (SCDD Valleys USFS/SNWA Stip). The CDD hearing stip between SNWA and Moapa is at Exhibit 79.
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