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      From: Terry Marasco <tmarasco@sbcglobal.net> 
      To: <snakevalley@utah.gov>, <snakevalley@water.nv.gov> 
      Date: Wednesday - September 23, 2009 7:29 AM 
      Subject: Comments re UTNV Agreement 




      Comments for NV and Utah Agreement: Stop Pumping Triggers
      Terry Marasco September 18, 2009 
      tmarasconrm@natural-resource-mgt.com
      While it is acknowledged in this agreement that “more studies need to be 
      conducted”, the high estimate of water has been allocated. Then it is 
      reasonable to include certain protections.
      The science available now gives a reasonable picture of 1) the range of 
      water volume, 2) where highest impacts will take place, 3) the time for 
      impacts to occur, 4) the long-term effects of those impacts even after 
      pumping ceases.
      The reasonable template for legal actions for the groundwater mining 
      expected by the science in Snake Valley is the Owens Valley experience. 
      For example:
      In the early 1970s Los Angeles completed a second aqueduct supplied by a 
      dramatic increase in groundwater pumping from the valley, a further 
      reduction in the amount of irrigated lands, and an increase in diversions 
      from the Mono Basin. Despite Los Angeles’ assurances that its activities 
      would cause no harm, its groundwater pumping dried up most of  the 
      valley’s major springs and began to deprive tens of thousands of acres of 
      groundwater-dependent vegetation of its water supply. Also, by the 
      mid-1970s, Mono Lake began to shrink. 

      Decades of expensive litigation (on some occasions even when Los Angeles 
      signed then broke agreements) by the financially pressed local counties, 
      the state, and environmental and citizens groups, combined with increased 
      environmental awareness, have led to commitments by Los Angeles in recent 
      years to restore the 60 miles of the Owens River, to mitigate the dust 
      rising from the dry bed of Owens Lake, to maintain Mono Lake at specified 
      levels, to return river flow to the Owens Gorge, and to responsibly manage 
      groundwater pumping in the valley. 

      Therefore it is reasonable to include, with a clause that states these 
      numbers may be adjusted based on new science before any agreement is in 
      effect, and the history of such water diversions are likely to include 
      near- and long-term legal actions:
      1.    pre-determined and automatic triggers that would curtail or 
      discontinue groundwater pumping in Nevada if certain defined changes or 
      conditions are detected by the monitoring including trippers upstream such 
      as Spring Valley;
      2.    defined changes specifically by area (random valley floor stations, 
      at springs, at ranches and residences), and defined small and large area 
      flow systems in Snake and Spring Valley;
      3.    provisions that would allow the Utah State Engineer to seek 
      mitigation and/or compensation in the form of guarantees of 
$5,000,000,000;
      4.    Mandate fines of $25,000/day if Nevada does not cease pumping, and 
      require Nevada to provide guarantees of $25,000,000 to enforce this 
      agreement in the appropriate legal forums;
      5.    Provide specific air quality cease-pumping triggers. The triggers 
      are to state not only PM10 and lesser particulates, but also levels of 
      mercury, erionite (an asbestos like mineral that causes the same kind of 
      mesothelioma cancer), the radioactive elements americium, plutonium, 
      uranium, cobalt, cesium, strontium, and europium, and the fungal spores 
      that cause Valley Fever (coccidiodomycosis) are all in high concentrations 
      in surface soils in Nevada; ans
      6.    provide that  groundwater pumping could resume once groundwater 
      levels, spring flows, depth to water in wells, have recovered to 
      pre-determined levels.



      Terry Marasco
      Silver Jack Inn & LectroLux Café
      POB 69, Baker, NV 89311
      www.silverjackinn.com
      www.tmarascophotography.com
      Voice 775-234-7323