Let it flow: Camp owners restore stream, amid ongoing legal challenge

Let it flow: Camp owners restore stream, amid ongoing legal challenge

By Robin Hebrock Pahrump Valley Times

August 4, 2022 – 12:49 pm

Victor and Annette Fuentes have officially started the process of reopening the Carson Slough following years of waiting for a federal agency to do as it was ordered.

Finally, at their limit of patience, the husband-and-wife team, who own and operate the Patch of Heaven Christian Camp in Nye County, hosted a press conference of sorts on Saturday, July 30 to celebrate their decision to restore their water themselves.

Patch of Heaven is a 40-acre parcel of private land located within the Ash Meadows National Wildlife Refuge, which is administered by the U.S. Fish and Wildlife Service. When Victor and Annette first purchased the property, it was a lush oasis in the desert, with plenty of water flowing in channels running through the site and filling ponds used for camp activities.

That all changed in 2010 when Fish and Wildlife altered the Carson Slough, diverting the water around the Fuentes’ property and turning it into a dust bowl. In addition to the lack of water, the Fuentes’s then had to deal with unusual flooding occurrences that they said were a direct result of the alteration of the slough.

With no alternative, the two took legal action that resulted in a years-long battle between the Fuentes’s and Fish and Wildlife. That conflict seemed to have come to an end in 2017 when the federal agency was ordered to return the water to which the Fuentes’s had a senior vested right. But Fish and Wildlife never took action to restore the water so Victor was preparing to take a tractor out and do it himself.

Victor and Annette were joined by several dozen supporters on July 30 and the gathering at the Christian camp opened with an invocation.

“We come before you with humbleness in our hearts to ask you for protection for today, to ask you to give us the ‘OK’ for today, Lord Jesus, and I thank you for each and every one of my brothers and sisters, members of the community, who have showed up here today in support of the right of Patch of Heaven,” Victor prayed.

Those assembled for the event then stood up and faced the American flag for the recitation of the Pledge of Allegiance, after which both Nye County Sheriff Sharon Wehrly and Nye County Commissioner Debra Strickland were invited to speak.

Wehrly read from documentation detailing the Fuentes’ right to nearly seven acre-feet of water from the Carson Slough, remarking, “So that’s his permit to have the water come through his property. And it seems that he has been doing everything that he possibly can to get that done.”

Next, Wehrly read a document outlining the warning notice sent to the U.S. Fish and Wildlife Service, in which the Nevada state engineer had determined that the federal agency was violating the law through its action of diverting the flow of the Carson Slough. In that letter, Fish and Wildlife was ordered to cease the full and complete diversion of the surface water that should move through the Patch of Heaven property. That order came with the possible penalty of a fine of up to $10,000 per day per violation, as well as other consequences, none of which have materialized.

Strickland stepped up to the microphone following Wehrly and she was evidently fired up about the reason everyone was assembled that morning.

“We have rights, and the rights have been taken from this man,” Strickland declared, indicating Victor. “Whiskey is for drinking and water is for fighting. You know it, it’s been like that since the beginning of time. Nothing has changed here. We’re still fighting for the water!

“When did the feds decide that all things belong to them? No way, Jose, ain’t going on no longer,” Strickland continued. “This is the time… And Victor, Annette, you are brave people and we are so proud of you for that. Thank you for the opportunity to be here today to watch you take back your right.”

At that point, Victor requested that Wehrly call Fish and Wildlife to ask a representative of that office to come down to the camp and talk over the situation. “Let’s reconcile this, let’s talk. We want to see their response,” Victor announced.

Fish and Wildlife, however, was not amenable to going to the camp but a representative did invite the Fuentes’, Strickland and Wehrly to their office. The discussion, however, apparently ended without the reconciliation that Victor was aiming for. Not deterred from his mission, he and Annette returned to their land and Victor headed out to the area that had been backfilled to divert the Carson Slough, to begin the task of reopening the waterway to its historic flow path.

This is no simple matter, either. It will take time and patience for the couple to safely and successfully complete the operation but they fully intend to see the historic flow path of the Carson Slough reinstated in the coming days.

Contact reporter Robin Hebrock at rhebrock@pvtimes.com

Source: Let it flow: Camp owners restore stream, amid ongoing legal challenge

Posted in History, Nevada, Nevada State Engineer, Nye County, Stolen Water.