Wastewater pipeline agency dealt blow

Clark County has added its voice to the chorus calling for an end to the Clean Water Coalition, a government partnership created in 2002 for a wastewater pipeline that probably will never be built.

Not everyone thinks the coalition should go the way of the buggy whip and free television, but the momentum is such that the agency probably is doomed.

"If one of our member agencies wants to leave the CWC, then CWC fails," said Clark County Commissioner Larry Brown, the county's representative. "We can't move forward as a regional body unless all four agencies bought in."

On Tuesday, Clark County commissioners agreed that it's time to pull out, and Las Vegas' leaders already have taken steps to end the city's relationship with the coalition. The other members are Henderson and North Las Vegas.

"I think that it's probably time to say, 'Thank you, very much' ... and just say to everybody, 'You've got 60 to 90 days, and we're going away,' " Commissioner Chris Giunchigliani said. "I think sooner rather than later to get out of it."

There remains, though, the looming matter of a lawsuit with the state over $62 million in coalition funding that the Legislature wants to reallocate to cover a state budget deficit. The state contends the money is available because the coalition decided to suspend work on a wastewater pipeline that would funnel treated effluent to Lake Mead. It was known as the Systems Conveyance and Operations Program, commonly called SCOP.

When the coalition was formed, the pipeline was considered necessary because of water quality concerns and Southern Nevada's population boom.

Water treatment plant improvements and slower growth led members to conclude the pipeline isn't needed.

"No one involved with the CWC thinks SCOP is going to move forward," Brown said.

That doesn't mean there's no need for a Clean Water Coalition, said Henderson City Councilman Steve Kirk, a coalition board member.

"Let's not be rash here," Kirk said. "Let's figure out: Is there a place for a regional wastewater agency, and are there some efficiencies that can be gained by doing that? The city of Las Vegas is crying for consolidation on every single issue, but on wastewater they don't want any part of it. It just doesn't make sense."

Regionalization and consolidation aren't new in Southern Nevada. Las Vegas and Clark County have a combined police force and a shared library system. Water, transportation and affordable housing are addressed using regional boards, and local governments are exploring the consolidation of functions such as business licensing, park maintenance and purchasing.

"I saw some real opportunity for us to collaborate regionally on wastewater," Kirk said. "We could demonstrate to the Legislature that we are collaborating."

Everyone involved is concerned about the lawsuit against the state, even if they disagree about the coalition's future.

The $62 million came from connection fees collected to be used for the pipeline, and the state shouldn't be able to swoop in and take the money for general use, coalition members say.

"You have businesses and homeowners who were charged a specific fee for a specific project," Brown said. "To allow the state to come in and take that to balance the state's needs ... I hope it's illegal and unconstitutional, but it's certainly bad public policy."

The lawsuit can continue if the coalition disbands, Brown said Tuesday.

If the litigation succeeds, the $62 million would be returned proportionally to the cities and Clark County. Brown, Kirk and Las Vegas City Councilman Steve Ross agreed that the money should be returned to the customers who paid it.

North Las Vegas Councilman Robert Ellason, that city's coalition representative, could not be reached for comment.

Ross said the regionalization argument might get traction if the pipeline were still considered necessary.

"Are we going to continue to collect money from people for something that's not going to happen?" he said. "Then the question arises: What is the Clean Water Coalition going to be when it grows up?

"There's just not a need for it. It just looks like it's done."

Contact reporter Alan Choate at achoate@review
journal.com or 702-229-6435.