Judge temporarily blocks water authority from enforcing ‘useless grass’ ban

A judge has ordered the Southern Nevada Water Authority to halt its grass removal efforts across Las Vegas Valley residential communities and homeowners associations pending a hearing next week.

It’s the latest development in a lawsuit against the agency for its enforcement of a 2021 state law intended to remove decorative grass in the name of preserving the Colorado River. The definition of “nonfunctional turf” was established by a committee, and three plaintiffs allege that the ban has killed trees in three neighborhoods in Las Vegas and Henderson.

“SNWA is ENJOINED, pending further order of the Court, from issuing, revising, enforcing, or relying upon any new or existing turf designations,” reads the order signed Thursday by District Judge Anna Albertson.

Albertson has scheduled a Wednesday hearing on whether to extend her temporary restraining order.

Water authority spokesman Bronson Mack pointed to the section in Albertson’s order that states it “is intended solely to preserve existing conditions and prevent irreparable harm pending a prompt hearing.”

Albertson added that the order does not constitute a final determination regarding the validity or scope of the state law or the merits of the plaintiffs’ claims.

“We look forward to presenting our arguments at next week’s hearing,” Mack said in a statement.

Arborist Norm Schilling has said in court documents that the loss of grass cover has resulted in the death of about 100,000 trees throughout the valley. That translates to about $300 million in tree damage, according to Schilling.

Sam Castor, the lead attorney for the plaintiffs, said in an interview Thursday that he’s grateful for the restraining order, which he says is rare for a judge to grant. The order is the judge’s way of telling the agency to “sit in timeout” until a longer hearing takes place, he said.

“It’s exciting,” Castor said. “I hope it’s the beginning of several wins for the people that we’re fighting for, and for Las Vegas. The whole valley’s been hurt.”

Castor himself has sued the water authority over its “excessive use fee” structure that fines customers for being in the top 10 percent of water users that the agency says are not responsive to conservation outreach. That lawsuit is pending.

Contact Alan Halaly at ahalaly@reviewjournal.com. Follow @AlanHalaly on X.