Posted on 03/01/2002 1:01:49 AM PST by brat
"Whiskey is for drinking and water is for fighting over," or so goes the quote widely attributed to 19th Century author Mark Twain.
Nevada officials would agree. They expect the DOE to file a lawsuit when the state tries to shut off the wells that would allow the construction of the proposed Yecca Mtn. repository.
But the Energy Department officials might prefer another bit of wisdom from the satirist: "Water, taken in moderation, cannot hurt anybody."
In the coming days and weeks, the two sides are expected to wrangle over rights to millions of gallons of water that the DOE wants to use to construct the repository for highly radioactive waste at the mountain, 100 miles northwest of Las Vegas.
At issue are two permits the state controls. One is the Energy Department's application to permanently withdraw water from state aquifers, which the state has already denied. The other is a request to extend a temporary permit allowing water use.
On Friday, U.S. District Judge Roger Hunt will hold a status hearing on a previously filed Justice Department lawsuit against the state. That lawsuit came after the state denied an Energy Department application to permanently withdraw water to build the repository.
Also on the horizon is an expected fight involving a decision by State Engineer Hugh Ricci, who has denied the Energy Department the right to use water past April 9. On that date, the temporary permits to withdraw up to 430 acre-feet of water per year from five Nye county wells will expire. An acre-foot is about 326,000 gallons, or enough to meet the needs of a family of five for a year.
"If we prevail through the federal court system, then they would have no water for the site," Ricci said during a break at Wednesday's Nevada Water Resources Association conference in Las Vegas. Senior Deputy Attorney General Marta Adams anticipates Justice Department lawyers will sue Nevada over Ricci's decision as well.
In the meantime, without Ricci's knowledge, the DOE this month constructed and filled a 1 million gallon tank about 20 miles from Yucca Mtn. to stockpile water in anticipation its temporary permits will expire.
Ricci said he doesn't know what will happen after April 9. State inspectors could be dispatched to Yucca Mtn. to ensure that no more water is withdrawn. That is, he said, "if they let us on the site."
But he noted that the State Engineer's office has "no enforcement authority to lock the pump." Ricci said it would take a court injunction to force the DOE to stop withdrawing water if the permits have expired.
As for expiration of the temporary permit, Yucca MTN Project spokesman Allen Benson said, "We will follow the law." He declined to comment on the permanent permit matter, noting that it was in litigation.
A Yucca Mountain Project staff member, Scott Wade, DOE team leader for environmental safety and health, said there's probably enough water in the 1 million gallon tank, which looks like a giant water bed surrounded by a 5 foot tall metal frame, to carry out dust control for several months while activities continue at the mountain.
Project officials are preparing to apply for Nuclear Regulatory Commission licenses to first build and operate a repository, and then receive spent nuclear fuel for long-term storage. The site is not expected to be ready to receive the first waste shipments until 2010 at the earliest, if a repository consisting of a maze of tunnels and engineered barriers is built.
Wade said in all, combining the capacity of several smaller tanks, there are 1.1 million gallons currently stored for dust suppression activities at Yucca Mtn and 200,000 gallons of potable water available for restrooms, shower facilities and drinking.
The Energy Department also holds a multiyear permit from the Nevada Division of Environmental Protection for a septic tank and leach field, Wade said.
Ricci notified Energy Department officials on Feb.7 that he denied their request for an extension of the temporary water permit because it had been granted only for site characterization activities.
Those studies, aimed at determining if the site was suitable for safe storage of the waste, ended Jan. 10 when Energy Secretary Spencer Abraham notified Gov. Kenny Guinn that he would recommend the site to President Bush for a nuclear waste repository.
Abraham followed through with his plan on Feb. 14 and the next day, Bush recommended that Congress act to move the Yucca Mtn. Project forward. That began a 60 day clock ticking for Guinn to veto Bush's recommendation by April 16. Guinn has said he will veto the decision. When he does, Congress would then have 90 ligislative days to override it through majority votes in the House and Senate.
As for what DOE's course of action will be on April 9 when the temporary water permit expires, Benson said, "We'll deal with that when we get to it."
I know where they can put the nuclear waste!
that might not be a good idea for an FR thread =o)
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