After eight years, two rulings, water giant still trying to suck Sandy Valley dry

The victorious citizens of Sandy Valley had barely raised their water glasses in a celebratory toast when they noticed the unwanted guest at their party.

After more than eight years, the party-crasher still refuses to leave.

Vidler Water Co. had lost its bids at the District Court and state Supreme Court to win approval to effectively suck dry Sandy Valley's precious water supply. The water giant had plans to send a supply toward the Nevada-California state line, where substantial development was anticipated, but it gradually became clear that any major pumping of groundwater would substantially harm the residents of the desert valley 50 miles west of Las Vegas.

Vidler is nothing if not tenacious. Despite being rebuffed by the state's highest court, the company claims two letters it possesses give it standing to continue its quest to route Sandy Valley's water. And now there's an indication some in the state's Division of Water Resources Office aren't yet convinced Vidler has been permanently denied its 415-acre-foot request.

That's the history of Nevada water wars. It ain't over until it's over - and it's never over.

Al Marquis, attorney for the citizens of Sandy Valley, knows plenty about the history of water in Nevada. And he states unequivocally that this time is different: Vidler's water grab has been rejected, and nothing will change that. Marquis, who owns a ranch in the valley, recently filed a motion to dismiss Vidler's appeal of the Supreme Court's ruling and the District Court's earlier decision.

"But in light of the fact that the district court did exactly what this court told it to do, there are no new issues to be decided by this court," Marquis wrote in the motion to dismiss.

Vidler's original 1999 application sought to gain rights to 2,000 acre-feet annually from the Sandy Valley aquifer. Citizens protested the bid, claiming Vidler had no need for the water, the amount requested exceeded the water available, and such a drain would harm residential water users in the valley.

The state engineer in 2002 sided with Vidler and found that 415 acre-feet was available. Although the District Court originally upheld the state engineer's determination, the state Supreme Court countered, "The State Engineer failed to properly consider the evidence and determine the need for water in the import basin." The Supreme Court also rejected the state engineer's bid for a rehearing. District Court Judge David Wall received procedural instructions from the high court and carried them out.

Case closed. Right?

Not quite.

Vidler has appealed the District Court's decision to precisely follow the Supreme Court's ruling.

And the clock ticks on.

"Vidler does not seem to be able to accept the fact that it has lost," Marquis wrote the court.

It's time the high court, strapped with a heavy load of unresolved cases, sent its strongest message to Vidler.

Why should anyone residing outside Sandy Valley care about this legal issue?

Because it's a clear example of how the justice system is gamed in this country. Sandy Valley is a working-class rural community in which the average resident has scant available dollars to hire a lawyer to do battle against a major corporation. From the outset, those residents faced monumentally long odds.

Without Marquis, they long ago would have been left choking on a cloud of legal dust.

In his motion Marquis wrote, "Vidler has already lost this argument twice. Now, on this appeal, Vidler seeks a third bite at the apple. One is tempted to ask Vidler: What part of 'no' do you not understand?"

As late as Aug. 29 the Division of Water Resources still seemed confused about the final outcome of Vidler's foiled Sandy Valley foray. In an affidavit filed with the Supreme Court, Marquis recounts a conversation he had with Bob Coache, manager of the water resources southern office, in which the bureaucrat stated, the Supreme Court's ruling aside, the state engineer "is unsure of the affect of the Supreme Court ruling or Judge Wall's order. He wasn't sure if Vidler's application is still pending or if the application has in effect been denied once and for all."

After more than eight years, it's long past time Sandy Valley residents were left to sip their water in peace.

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295.