Clark County-North Las Vegas dispute over flood channel sent to state court

A dispute between Clark County and North Las Vegas over the use of a flood control channel belongs in state court, a federal judge decided Tuesday.

The city and the county are engaged in a battle over effluent from North Las Vegas' new wastewater treatment plant, which is referred to in court documents as a "water reclamation facility."

The city started discharging treated wastewater in June into flood control channels controlled by the county despite the county's contention that its permission was needed.

Lawsuits ensued.

North Las Vegas sought relief in federal court, but Tuesday's decision by U.S. District Judge Philip Pro said the lawsuit raised no relevant federal issues and remanded the case to state District Court, where Clark County already has filed a lawsuit.

City and county officials wrangled for months before the opening of North Las Vegas' $300 million wastewater treatment facility.

The city originally planned to discharge the water through an $860 million regional pipeline, but the need for it disappeared because of lower population growth and improvements in sewage treatment.

The treatment plant is on Nellis Air Force base property and discharges treated effluent into the Range Wash, then to the Sloan Channel.

From there, the effluent dumps into the Las Vegas Wash and, eventually, Lake Mead.

If the plant cannot discharge water into the county-controlled channels, the water has no place to go.

County commissioners have cited safety concerns, noting that people walk and bike in the channels.

North Las Vegas officials argue that the water is nearly as clean as drinking water and that using the channels is the same as using the Las Vegas Wash, which is where treated effluent from elsewhere in the valley goes.

Contact reporter Alan Choate at achoate@reviewjournal.com or 702-477-3861.