Court says pumping in Muddy River won’t harm endangered fish

By Cy Ryan

Friday, Sept. 18, 2015 | 3:20 p.m.

CARSON CITY — A federal appeals court has ruled that test pumping in the Muddy River by the Southern Nevada Water Authority and others will not harm the endangered Moapa dace fish.

The U.S. Court of Appeals today upheld the conclusions of an environmental report by the U.S. Fish and Wildlife Service that finds conservation measures by the parties with water rights on the river might actually increase the habitat for the fish, whose numbers are estimated at 1,300.

The Center for Biological Diversity had sued, claiming the environmental report by the federal agency was not scientifically sound and sought to hold off the pumping, saying it might harm the existence of the small fish.

The Moapa dace is only found in the Muddy River in the Moapa National Wildlife Refuge, according to the court’s opinion, written by Senior District Judge Robert Pratt. The river is about 60 miles northeast of Las Vegas.

The Southern Nevada Water Authority has rights to 9,000 acre feet of water from the river; Coyote Investment Inc. holds rights to 4,600 acre feet; and the Moapa tribe holds rights to 2,500 acre feet.

Nevada’s state engineer in 2002 held in abeyance all future water applications while a study was conducted to determine the impact of pumping by existing water rights holders.

The Southern Nevada Water Authority put up $900,000 and Coyote Investments contributed $200,000 for conservation measures to ensure the survival of the Moapa dace during the study.

The U.S. Fish and Wildlife Service’s report found the measures restored and improved the habitat for the small fish. It also found test pumping “is not likely to jeopardize the continued existence of the endangered Moapa dace.”

A lawsuit was filed in 2010 against the federal agency, alleging its finding did not use the best scientific evidence and jeopardized the existence of the small fish.

The U.S. District Court in Reno ruled against the Center for Biological Diversity, which appealed to the U.S. Ninth Circuit Court of Appeals.