Officials intend to push back enforcement of Southern Nevada’s ‘nonfunctional’ grass ban

The Southern Nevada Water Authority has asked a judge to allow enforcement of the state’s ban on “nonfunctional” grass to proceed, citing a proposal to delay water waste fines until Jan. 1, 2028. In a court filing Tuesday, the agency said it will ask its board on Nov. 19 to approve a resolution setting a timeline for final appeals and directing member agencies not to levy penalties until that date.

Judge Anna Albertson was expected to rule this week on a preliminary injunction that could have halted enforcement of the 2021 law, which makes it illegal to use Colorado River water to irrigate nonfunctional turf starting in 2027. The water authority argues the law allows officials to shift deadlines and that any feared enforcement is more than a year away.

Attorney Sam Castor, representing challengers including a Catholic church, golfers and homeowners associations, called the move a tactic to stall relief. “This is just a circus, and I don’t say that lightly,” Castor said, adding that a pause on fines does not resolve concerns about constitutional rights and the appeals process.

Under the proposed resolution, all waiver requests must be received by April 1 and processed by July 1. Appeals would be due by Sept. 1 with final determinations by Dec. 1. The water authority estimates about 20 million square feet of nonfunctional grass remains in the valley.

Water authority spokesman Bronson Mack said the agency will encourage member agencies in Las Vegas, Henderson, North Las Vegas, Boulder City and Laughlin to forgo penalties until 2028. Officials say the conservation measure is increasingly necessary as Nevada sues over a federal plan that could cut the state’s Colorado River share by 71 percent in a worst-case scenario.

Sources: Las Vegas Review-Journal