Court ruling holds flow rate steady in canal
RENO -- Farmers and ranchers dependent on water in an irrigation canal that flooded Fernley in January scored at least a temporary victory Thursday with a federal court order that allows canal flows to continue at the current rate at least until next week.
U.S. District Judge Lloyd George ruled the flows can continue at up to 350 cubic feet per second. He also ordered daily inspections of the earthen canal to guard against a failure like the one that flooded up to 600 homes about 30 miles east of Reno on Jan. 5.
Lawyers for hundreds of the flood victims are seeking a temporary restraining order to reduce the flows to 250 cubic feet per second based on their experts' belief that there's a high likelihood flows any greater than that will cause another breach in the 105-year-old canal.
Officials for the Truckee Carson Irrigation District who operate the canal for the U.S. Bureau of Reclamation argue that move would have a significant economic impact on about 2,000 farmers and ranchers who already are faced with less-than-normal water supplies for their crops and livestock this summer.
George on Tuesday heard five hours of testimony on the matter in federal court.
He continued the hearing to next Tuesday, when he intends to make a permanent decision on the request to restrict flows.
His temporary ruling, signed late Wednesday and made public on Thursday, marks a victory for the region's agricultural community, said Dave Overvold, project manager for the irrigation district.
Water users already are looking at a 20 percent reduction in normal supplies. Canal flows now are at the 350 cubic feet per second level although the maximum capacity is 750 cubic feet per second, Overvold said.
The 32-mile Truckee Canal diverts water from the Truckee River at Derby Dam east of Reno, past Fernley and on southeast to the Lahontan Reservoir for storage.
The Bureau of Reclamation's investigation into the January breach determined rodent burrows were the primary cause. But the flood victims assert in a series of lawsuits that experts have concluded the failure was because of "historical negligence" by the bureau and the irrigation district.
Bob Hager, a Reno lawyer representing flood victims, expressed concern in the wake of George's decision. Hager noted that Overvold admitted in court on Tuesday that, in recent weeks, the irrigation district had exceeded the limit of 350 cubic feet per second that the bureau had imposed on the flows.
He added that he is optimistic that George will order a reduction in flows next week.
