A former vice chair and sovereign member of the Walker River Paiute Tribe is asking federal agencies to intervene in the proposed Monarch Data Center project, arguing that required government-to-government tribal consultation has not occurred and expressing concerns over potential impacts to tribal water rights.
The request comes as the proposed Monarch Data Center continues moving through Lyon County's approval process. In July, the Lyon County Planning Commission voted 4-3 to recommend approval of zoning and land use requests associated with the approximately 505-acre development near Yerington. Final consideration now rests with the Lyon County Board of Commissioners, which is scheduled to consider the proposal Aug. 6.
Stacy Hicks recently submitted a formal request for intervention to the U.S. Department of the Interior, the U.S. Department of Justice's Environment and Natural Resources Division, and the Bureau of Indian Affairs. In her request, Hicks asked the agencies to halt water allocations, construction permitting, and environmental approvals related to the Monarch Data Center until formal government-to-government tribal consultation is completed and additional hydrologic studies are conducted.
The request follows several weeks of public comments, records requests, and correspondence Hicks submitted to Lyon County and various state and federal agencies regarding the proposed development.
The Walker River Paiute Tribal Council also formally opposed the project in June through Resolution No. WR-53-2026, "No to Proposed Data Center." The resolution cites concerns including potential impacts to the Walker River watershed, regional water resources, electricity demand, and the Tribe's responsibility to protect natural resources for future generations.
According to Hicks, the resolution was presented during the county's public review process before the Planning Commission voted to recommend approval.
Questions surrounding tribal consultation became a significant topic during the July 14 Planning Commission meeting after project representatives described outreach efforts to tribal governments, while tribal representatives disputed whether formal government-to-government consultation had occurred.
Representatives from both the Walker River Paiute and Yerington Paiute communities addressed the commission, raising concerns regarding government-to-government consultation between the developer and tribal governments.
Following public comment, Planning Commissioner Wendy Loomis addressed the discussion, explaining that formal government-to-government consultation is initiated by the project applicant rather than by the tribes themselves. Loomis encouraged the developer to ensure consultation occurred in accordance with tribal protocols and offered assistance in identifying the appropriate tribal contacts if needed.
Hicks said her request for federal intervention was motivated by what she believes is a failure to complete formal government-to-government tribal consultation with affected tribes, along with concerns over regional water resources and potential impacts to federally reserved senior tribal water rights.
Correspondence provided to The Fernley Reporter shows Hicks also submitted multiple public comments to Lyon County, requested project records, contacted the Central Nevada Regional Water Authority regarding regional water concerns, and sought assistance from several state and federal agencies.
The Central Nevada Regional Water Authority responded that while it adopted a policy statement regarding data centers earlier this year, it does not have the authority to require localized hydrologic modeling or mandate the additional disclosures Hicks requested.
Hicks said she has received acknowledgments from agencies, including the Bureau of Indian Affairs and the Nevada Attorney General's Office, regarding various correspondence. The Attorney General's Office advised that emailed allegations are not processed as formal complaints and directed Hicks to its official complaint process. Hicks said she has not received any indication that federal agencies have taken substantive action regarding her request for intervention.
Lyon County was contacted Tuesday morning seeking comment on the Walker River Paiute Tribal Council's resolution, the status of tribal consultation, and whether the county has received any communication from federal agencies regarding Hicks' request. At press time, county officials said they were formulating a response. The Fernley Reporter will publish any response received in its Aug. 7 edition.
The Lyon County Board of Commissioners is scheduled to consider the Monarch Data Center proposal during its Aug. 6 meeting.
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