Parched Sandy Valley isn’t sure if the Fat Lady has sung in aquifer case

You never know whom you'll meet on a trip to Sandy Valley, where the humble citizenry has once again defeated the mighty Vidler Water Co. before the Nevada Supreme Court.

Look, over there. It's the Fat Lady.

She's been singing about the locals' victories over Vidler for so long that her voice is hoarse.

Up ahead on your right, there's Yogi Berra.

Listen closely and you'll hear him say, "This is like déjá vu all over again."

Make that all over again, again, Yogi.

The Fat Lady and Mr. Berra have joined tired but vigilant residents of Sandy Valley in once again reminding the water company that the state Supreme Court is the highest court in Nevada and previously ruled in the citizens' favor. Common sense would dictate that Vidler's attempt to acquire water rights to the detriment of the rural valley's residents was repeatedly rebuffed, but it became clear long ago that common sense is in short supply in this case.

They don't call the place Sandy Valley for nothing. If you want lush greenery and verdant scenery, you'll need to search elsewhere. The surface of Sandy Valley is as parched as its name implies.

Underground, there's an aquifer locals depend on as their sole source of water.

They've been fighting to protect that water for almost a decade. In August 1999, Vidler filed an application with the state Engineer for 2,000 acre-feet of water from the Sandy Valley aquifer as part of a plan to develop real estate at Primm near the Nevada-California state line.

Residents and other concerned parties argued that not only did Vidler have no need for the water, but that its proposal exceeded the available water in the aquifer. Although the state Engineer sided with the water company and a District Court judge agreed, the residents appealed to the Supreme Court. On Nov. 22, 2006, the Supreme Court reversed the lower court and concluded, "the "State Engineer failed to make the appropriate findings."

District Judge David Wall received the high court's decision and followed its directions. The state Engineer and Vidler filed petitions for a rehearing, but those petitions were rejected by the Supreme Court.

But Vidler is nothing if not persistent. The water giant again sought legal relief. On Wednesday, the company once again received the bad news from Nevada's highest court. Three justices affirmed Judge Wall's efforts in carrying out the Supreme Court's previous decision.

After nearly nine years, Vidler's case would appear to have run out of steam. Of course, that's what attorney Al Marquis thought a couple of years ago. Marquis represents the valley's citizens and owns a ranch there.

"They didn't think they could hang in there this long," Marquis says. "I think that Vidler, with all their money and influence, is accustomed to getting their way. They felt that eventually they would get their way and the Sandy Valley folks would fold their tent. I think they're surprised at what a fight we've put up here."

That's a common tactic large corporations try when dealing with a smaller opponent such as the working-class residents of Sandy Valley. If they're unable to win at the bureaucratic level, they grind down their opponents in court.

Sandy Valley resident Joy Fiore lacks Marquis' legal training and restraint.

"Their appeal was petty and childish," Fiore says. "I think they just did this latest appeal to harass us, and to force us to come up with more money for a reply."

Lest anyone remain confused after nearly nine years, the recent Supreme Court affirmation attempted to make the matter undeniably clear.

"We conclude that the district court acted properly," the justices wrote. "This court's opinion established the law of the case, and the district court was not permitted to reconsider the issues decided in the appeal."

Although the court's views appear to leave no doubt, Vidler had 18 days from the most recent order to file a petition for rehearing.

Rather than crack open a jug of Sandy Valley well water in celebration of the latest apparent victory, word is Marquis is considering putting Berra on retainer. Yogi's sole duty will be to remind Sandy Valley residents that "It ain't over till it's over."

But it is finally over, isn't it?

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