Go to main contentsGo to main menu
Thursday, April 23, 2026 at 3:04 PM

City sues Bureau of Reclamation for extension of public comment on canal plan due to COVID-19

City sues Bureau of Reclamation for extension of public comment on canal plan due to COVID-19

Robert Perea, The Fernley Reporter

The City of Fernley field a lawsuit Thursday against the U.S. Bureau of Reclamation requesting a COVID-19 extension of time to a 45-day period that Reclamation set to receive public comment on the Truckee Canal Extraordinary Maintenance Project’s Draft Environmental Impact Statement.

The public comment period on the draft EIS ends April 20. In the draft EIS, the BOR chose lining a 12.7-mile stretch of the canal as its preferred alternative to repair the canal banks and prevent a reoccurrence of the flood in 2008 that damaged at least 590 Fernley properties.

The Fernley City Council on Tuesday, April 7, held a special meeting to authorize the filing of the lawsuit.

In its suit, the city charges that the maintenance project will dry up hundreds of domestic wells in Fernley, and that the Bureau of Reclamation has ignored those concerns to date. The City requested the extension of time because, with domestic well owners required to stay home to reduce the spread of COVID-19, they cannot come together to tell the Bureau of Reclamation what they believe is wrong with their project.

The BOR was forced to cancel public meetings on March 24 and 25 because of the COVID-19 shut-in orders.

“Reclamation should not dry up these people’s wells, and Reclamation should make the time to listen to Fernley’s citizens,” Fernley Mayor Roy Edgington said. “Reclamation has waited years to get this DEIS out, will a couple more months really hurt, particularly when we are all staying home?”

Fernley and the Pyramid Lake Paiute Tribe requested that the BOR extend the public comment period beyond April 20, and after the COVID-19 shut-in orders are lifted. BOR refused, prompting the City to file a lawsuit and ask the Federal District Court to intervene.

The Truckee Canal runs through Fernley and transports water from the Truckee River to the Lahontan Reservoir. In 2008, a canal breach flooded Fernley. Now, Reclamation is looking for ways to reduce the risk of future breaches.

But City officials believe the fix is worse than the disease. The City believes lining the Truckee Canal would prevent recharge from reaching a groundwater aquifer that serves Fernley’s municipal water system, and more than 450 domestic wells.

The City charges that lining the canal will dry up 71 percent of the domestic wells and cause operational problems for the City’s water system.

Fernley requested the Bureau of Reclamation consider other options to fix the canal without cutting off the groundwater recharge. In 2013, BOR agreed that the best alternative for canal safety was to create a cutoff wall that would not affect recharge through the bottom of the canal. In its March draft EIS, however, Reclamation removed that option and focused solely on canal lining.

In a statement released Thursday, City Manager Daphne Hooper said that because canal lining will dry up so many domestic wells, public meetings on the EIS process matter for those domestic well owners. She said that despite BOR’s refusal to give Fernley more time, other federal agencies in similar situations have already granted COVID-19 extensions. On the same day Reclamation denied Fernley’s requested extension, BLM announced an extension of the public comment period the DEIS regarding management of sage-grouse habitat. And on March 19, the U.S. Forest Service extended the public comment period for the DEIS for its proposed Nantahala and Pisgah National Forest plan because previously scheduled public meeting had to be cancelled due to the COVID-19 pandemic.

The current national and state declared emergencies have shut down all non-essential government and private business activity. Citizens are staying at home, and public meetings and gatherings are prohibited.

“Reclamation is surprisingly unwilling to grant a modest extension, even though COVID-19 is clearly limiting the opportunity for people to have their voices heard about such a highly controversial proposal,” Edgington said.


Share
Rate

Comment

Comments

COMMENTS
Comment author: Jack & Nancy CookComment text: Wonderful man. Created a precious family with Linda. Will always respect and admire his contribution to teaching at FHS.Comment publication date: 4/18/26, 10:27 AMComment source: Howard David JacksonComment author: JeffDickersonComment text: Very well reported, even though our motion was denied.Comment publication date: 4/15/26, 11:05 AMComment source: Judge allows Fernley City Council to proceed with corrective agenda item in Lau expulsion caseComment author: Todd fossumComment text: Hi my name is todd fossum i'm clarence's stepson, I was wondering if he had any siblings. I think he said he had a sister that just survived cancer. If she can get ahold of me or any buddy, my number is 916. 3 4 3 1 1 7 7.Thank you have a blessed dayComment publication date: 1/16/26, 4:33 PMComment source: Clarence L Shields C Comment author: Carl HagenComment text: So just curious, what is the point of a franchise agreement if it is not exclusive?Comment publication date: 12/15/25, 4:18 PMComment source: Council approves non-exclusive franchise agreement for waste collection C Comment author: Christine S GleasonComment text: In the first photo, the woman in the middle, wearing the black shirt, is SaraH Jean Gleason. She is not an FHS Leadership Student but is the person who is responsible (with the help of her father) for starting the Fernley Community Thanksgiving Dinner in 2011. She attended this year's dinner while home from Arizona State University, where she is working on her PhD.Comment publication date: 12/8/25, 8:52 PMComment source: About 400 meals served at Community Thanksgiving DinnerComment author: SusanComment text: RIP Sean. Prayers to the family, sorry for your loss.Comment publication date: 9/25/25, 1:11 PMComment source: Sean Everett Turner
Community Foundation