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Water board approves white paper asking state to review Test Site groundwater impacts

Nye County Water District Governing Board · August 13, 2024
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Summary

The board voted 5–1 to approve a white paper developed with Schroeder Law asking the State Engineer/Department of Natural Resources to review historic testing impacts in Nevada and consider remedies under the public trust doctrine.

The Nye County Water District Governing Board voted 5–1 to approve a white paper asking the Nevada Department of Conservation and Natural Resources and the State Engineer to review historical testing impacts at the Nevada Nuclear Security Site and consider action under the public trust doctrine.

Sponsor Mr. Locke and legal counsel explained the white paper’s intended next step is submission to the state engineer, who could investigate, negotiate remediation or pursue litigation; counsel stated approval today would result in sending the white paper under cover letter to the state engineer for review. "Approval today would mean submitting it... to the state engineer's office and requesting them to review it and consider the public trust doctrine," legal counsel said. The motion carried after debate about hazardous‑waste language, beneficial‑use legal arguments and the practicality and timeline of litigation.