A number of state, federal and local agencies and environmental organizations and individuals will have a seat at the table when the State Engineer conducts meetings on Kane County’s application to transfer 29,600 acre feet of water for use by a nuclear power plant near Green River. But the Grand County Council will not, because council members chose last month not to submit a protest letter.

The Center for Biological Diversity, the Uintah County Water District, U.S. Fish and Wildlife Service, the Bureau of Reclamation, several farmers and outfitters, Living Rivers, the Green Party, Ruby Ranch, and several dozens of others, including many individuals have formally submitted letters protesting the water transfer.

Directed by state representative Mike Noel, the Kane County Water District has applied to transfer water rights originally slated for the (now defunct) Kaiparowits power plant in the 1960s. According to Grand County Council member Pat Holyoak, that water right must be transferred to a use, or it will be lost.

Heal Utah submitted 76 pages of postcards the group solicited, along with a detailed analysis of the application’s shortcomings.

“I think if we’re going to act as a board for the environmental group, this council is strongly in the wrong position,” Grand County Council member Gene Ciarus said when the council considered the matter. Ciarus opposed submitting the protest letter because, he said, it is not appropriate for the council to get involved with the economic interests of another county. He also said water shareowners have the right to sell their shares.

“By protesting we get a place at the table,” Scott Ruppe, director of the Uintah County Water District said. “It looks to me like Kane County is selling [the water right] for profit. Our biggest concern is we want to know how this will affect our water rights.” Ruppe said his agency is also worried about reduced stream flows and negative effects on fish.

The Fish and Wildlife Service’s protest raises the issue of three sensitive fish species – roundtail chub, bluehead sucker, and flannelmouth sucker – currently being protected under a joint plan including several federal and state agencies.

The depletion of the Green River would degrade river habitat and could result in the three species being listed under the Endangered Species Act, agency argued. Such a listing could restrict future development, including agriculture, along the river, according to Jana Mohrman of FWS’s Mountain-Prairie Region office.

“We felt we were doing a public service by pointing out the possible impacts in the future should the three species be listed,” Mohrman said.

The Bureau of Reclamation, in its protest, noted that Central Utah Project water rights are junior to the rights in question. But current water users “who depend on and have committed billions of dollars to develop” the CUP could lose out if they lose their water to the nuclear plant. “We ask that the next extension of time [for the application] reduce the priority of this water right to make it junior to the CUP water rights,” Bureau Area Director Bruce Barrett wrote in his protest.

The nuclear power plant proposed by former state representative Aaron Tilton, may or may not actually happen in Green River’s industrial park. Or the water could be used for something else.

Living Rivers objects to such speculation because it violates the state engineer’s regulations against speculative transfers of water rights.

Nearly all protesters raised health and safety issues for nearby communities and major recreation areas.

Attempts to assess attitudes about a potential nuclear plant from the Moab Area Chamber of Commerce were unsuccessful. President Phil Mueller discussed it with members and the board and found such a diversity of opinion that “the board hesitates to take a position,” he said.

Calls to Noel, Green River Mayor Pat Brady, and Kane County Commissioner Mark Habbeshaw were not returned.

The state engineer’s office has confirmed that a public hearing will be held, possibly in August or September.

The protests, or at least the first pages of them, can be viewed at the state engineer website at waterights.utah.gov. Click on “water rights”, then “queries.” Type in water right number 89-74, then under “select related information” click on “scanned documents.”