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Saturday, October 3, 2026 at 5:11 AM

Judge dismisses City’s lawsuit seeking to stop lining of canal

Judge dismisses City’s lawsuit seeking to stop lining of canal

Robert Perea, The Fernley Reporter

U.S. District Court Judge Miranda Du on Dec. 13 dismissed the City of Fernley’s lawsuit seeking to stop the U.S. Bureau of Reclamation from lining a portion of the Truckee-Carson Irrigation District canal through the city.

The City filed the lawsuit against the Bureau of Reclamation on March 10, challenging the Final Environmental Impact Statement and Record of Decision for the Bureau’s Truckee Canal XM Project. 

In that EIS, the Bureau of Reclamation identified five alternatives to repair the canal, and chose as its preferred alternative the lining of the 12.7 miles of the canal that flows through Fernley with a full geomembrane liner, covered with concrete.

The repair project is to permanently repair the canal after it breached on January 5, 2008, causing flooding and damage to approximately 590 homes in Fernley. TCID repaired the breach in February 2008, and the canal reopened in March 2008. Until long-term repairs are made, the canal is required to operate at a lower stage of water to reduce risk.

In its lawsuit, the City of Fernley claims that it and private well owners, would be damaged by the loss of groundwater seeping through the bottom of the canal into the underground aquifer. The BOR had disputed the City’s and the well owners rights to that water.

Du’s ruling came after a hearing was held Dec. 8 on motions by the BOR to dismiss the suit. In it, she didn’t address Fernley and the landowners’ right to the water but rather said her decision was because the City and the private intervenors in the case are economic, not environmental.

In her ruling, Du wrote that “while the Ninth Circuit has held that a governmental entity in

geographical proximity to the site of proposed action, and which must under NEPA be

consulted in the EIS process, has standing to challenge an EIS, it may do so only if it demonstrates that the environmental health of its land interests is threatened by the agency’s action.”


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Comment author: PFB Comment text: Why can't you guys find competent contractors.. For a large municipal facility like the indoor-outdoor Fernley Swimming Pool located at 300 Cottonwood Lane, a complete ground-up commercial build or major structural renovation typically spans 6 to 12 months or longer when factoring in large-scale engineering, public municipal permitting, specialized commercial HVAC/roofing, and health department inspections. The current renovation has been- The Fernley Swimming Pool has been closed for approximately six to seven months since late February 2026 for a major roof replacement and facility renovation. Now you sat October. Soooo 8 months for a new roof. The picture shows no other renovations. Comment publication date: 9/17/26, 7:14 PM Comment source: Electrical problem delays Fernley pool opening Comment author: P Comment text: Relative of the Mayor is to over see this site. Anyone who knows Fernley KNOWS this is more of the who you are related to and know business in this town. VOTE THEM ALL OUT AND THE CALIFORNIA TRANSPLANTS. Comment publication date: 9/16/26, 10:31 PM Comment source: Lift Station Failure Released Untreated Sewage Comment author: Christopher Walsh Comment text: Could you look into the strong recurring smell around Fernley? It smells like sewage and it can be bad enough that people don’t want to be outside or open their windows. It would be helpful to get an investigative journalist help the Fernley residents get a clear answer from the City, NDEP, and any involved facilities. I was really disappointed that the smell was not disclosed by my realtor when I moved here. I enjoy Fernley and am seeing the improvements that are being made. With Appreciation Comment publication date: 9/12/26, 2:49 PM Comment source: Sewage spill near City of Fernley Municipal Well 9 Comment author: Alicia Euresti Comment text: We are all so blessed to have Pastor Matt and Mrs. Regina in this town. They have become a major part of pur family and our children adore them. Thank you both for all you do for qll of us. We love you!!!! Comment publication date: 9/6/26, 9:24 PM Comment source: Fascinating Fernley: Meet Your Neighbors at Living Faith Food Pantry Comment author: R Conley Comment text: Is the deputy receiving any additional training or reinforcing prior training? Comment publication date: 9/5/26, 10:08 AM Comment source: Inmate escapes from Fernley substation Comment author: Kayla Allen Comment text: Suzie was a wonderful woman. I was pleased to call her my "godmother" as she helped me to become a better version of myself. I think about her a lot. Comment publication date: 7/10/26, 8:31 PM Comment source: Susanne Lynn Foster