Judge weighs pause on enforcement of ‘nonfunctional’ grass law

Clark County District Judge Anna Albertson is considering two key motions in a high-profile challenge to the Southern Nevada Water Authority’s enforcement of a 2021 law prohibiting the use of Colorado River water to irrigate turf deemed "nonfunctional" or decorative by a committee. The law takes effect at the start of next year, and the Las Vegas Valley Water District has proposed fines for violations pending a business impact statement and a board vote. Named plaintiffs include a Las Vegas church, homeowners associations, and a golf association.

During hearings Wednesday and Thursday, Albertson questioned the consequences for property owners denied waivers to keep their grass. "If they take their grass away, they risk the mature trees going away, too," she said. "That is irreparable harm, is it not?" The dispute centers on alleged tree canopy loss in the second-fastest-warming city in the nation. The water authority and its experts say grass removal does not kill trees, while an opposing arborist estimates the policies have killed 100,000 trees due to root exposure.

Attorneys have proposed three classes for certification: individuals, entities such as HOAs, and religious organizations within the authority’s service territory, including Las Vegas, Henderson, North Las Vegas, Boulder City, Laughlin, and unincorporated areas. Water authority attorney Chad Fears warned that certifying such a broad class could create one of the largest class-action lawsuits in U.S. history and would sweep in people who support the turf removal policy. "This is not a data breach where everyone can agree that it’s bad," Fears said. "It is a dispute over public policy."

The judge has not yet ruled, as she awaits word on whether the Nevada Attorney General’s office intends to intervene in the case. Outdoor landscaping irrigation remains the single largest use of Lake Mead water that cannot be captured and recycled through the region’s wastewater systems, according to water managers.

Sources: Las Vegas Review-Journal