Who’s Kent Jones? Utah’s nuclear future rests in his hands | The Salt Lake Tribune
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(Al Hartmann | Tribune file photo) Kent Jones, left, and John Mann, with the Utah Division of Water Rights, are the key deciders in the state on a proposed nuclear power plant in Utah. On Friday, Jones announced his decision to approve the plant. Now approval rests in the hands of the federal Nuclear Regulatory Commission.
Who’s Kent Jones? Utah’s nuclear future rests in his hands

Kent Jones has been chewing on the question now for more than two years.

He’s heard from the developers who want to build a pair of nuclear reactors that would be cooled with water from the Green River. He’s listened to the critics who insist nuclear anything is too risky for a Colorado River tributary and the people who rely on it, from melon farmers to regular Utahns worried about having enough water for their grandkids.

He’s gotten the message from politicians that it might be time to add nuclear to the state’s energy portfolio. He’s taken heed of the lawyers’ advice that whatever he decides must be able to stand up to a nearly certain legal challenge.

Jones is the state engineer, the guy with his hand on the master spigot for all the water Utah uses for drinking, farming and power generation. He is the only state-level official whose OK is make-or-break for the first commercial nuclear power plant proposed in Utah.

To him, deciding on the Blue Castle Holdings project is mostly clear-cut: His job is to check the request against tried-and-true water law. But he also can’t help but see the big picture — how his decision in the next few weeks might change Utah’s future.

“What I’m trying to do here is what I’m required to do, what’s necessary legally,” says Jones, whose nearly bald head and tendency to listen thoughtfully rather than talk give him a certain Zen-like quality.

“People certainly need water and they need water to meet certain demands,” he goes on to say. “But it is not a lot of fun to sit in the dark and drink your cup of water when you don’t have your lights. So what is in the public interest here?”

Nowhere is the weightiness of Jones’ nuclear question clearer than in the problem of the Central Utah Project. A $3 billion taxpayer-funded water system that has been a half-century in the making, the CUP brings drinking water to more than 600,000 people on the Wasatch Front.

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But, under the principle that first in time is first in right, a cornerstone of Western water law, the nuclear power plant would be ahead of CUP in line if there were a shortage, because part of its water was spoken for a year before the CUP’s.

Put another way, someday someone might have to decide which is more important: protecting drinking water for Utah’s population center or keeping electricity flowing to customers and returns flowing to the investors who, it’s expected, will pump more than $13 billion into the nuclear plant.

Though few think such a showdown is likely, it is conceivable. And it is one of the concerns that Jones has been asked to consider in his decision-making.

Said Wayne Pullan, of the U.S. Bureau of Reclamation: “He’s going to have to have the wisdom of Solomon on this one.”

Jones admits he has been cautious and he is no less so when asked which way he’s leaning.

“We don’t know where we’re going to go yet,” he says.

Blue Castle » The nuclear plant must have water to keep the reactors cool, just as coal- and gas-fired plants do. The Kane County Water Conservancy District has agreed to lease 29,600 acre-feet of water per year to Blue Castle. San Juan County has offered to lease 24,000 acre-feet. And Blue Castle would use all of it if Jones approves the water-rights change and the company is successful in licensing and building its 3,000 megawatt plant. None of the water would be returned to the river.

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No one else in Utah — not the governor, lawmakers or residents — gets a vote on a proposed  nuclear  plant  or  veto  power  over  it.

Photos
(Francisco Kjolseth  |  The Salt Lake Tribune)  
Former lawmaker Aaron Tilton is behind a proposal to build Utah's first nuclear power plant at a location near Green River, pictured at his office in Provo on Thursday, November 10, 2011.
(Al Hartmann  |  The Salt Lake Tribune)  
Blue Castle Nuclear Project is progressing toward completing characterization studies neded for a licensing application with the US Nuclear Regulatory Commission.
(Al Hartmann  |  The Salt Lake Tribune)   file photo

Stark badland landscape northwest of Green River where the Blue Castle Nuclear Project is projected to be built. Blue Castle Nuclear Project is progressing toward completing characterization studies needed for a licensing application with the U.S. Nuclear Regulatory Commission.
(Al Hartmann   |  Tribune file photo)  

Kent Jones, left, and John Mann, with the Utah Division of Water Rights, are the key deciders in the state on a proposed nuclear power plant in Utah. On Friday, Jones announced his decision to approve the plant. Now approval rests in the hands of the federal Nuclear Regulatory Commission.
At a glance

Three key decision points

State » The state engineer, who oversees water rights, is expected to decide in coming weeks whether to allow 53,600 acre-feet of water to be leased for the Blue Castle nuclear power project in Emery County. Once a ruling is made, objectors can seek a reconsideration by the engineer or go to state court.

Local » Emery County has already voted to support plans for the 3,000 megawatt nuclear plant. It must issue a conditional use permit before the project can move forward.

Federal » The U.S. Nuclear Regulatory Commission has authority over reactor licensing. Its years-long review weighs safety, environmental and financial questions. Although the NRC has not issued a new plant license since 1996, it has pending decisions on two reactor applications; it’s still considering applications for another 10 plants and projecting six more applications, including one for Blue Castle’s proposal in Utah, though 2013.

Kent Jones: Utah’s decision maker

State Engineer Kent Jones doesn’t need to look up the various parts of state law that apply to his decision about water for a nuclear power plant. He knows them by heart.

He must determine if a proposal: involves water that is not already spoken for; is feasible economically and physically; that proponents have the financial wherewithal to build their project; and that they are proposing to do so in good faith, “not for the purposes of speculation.”

He also has to make sure the project will not impair existing rights, undermine the public welfare, harm public recreation, unreasonably affect the natural stream environment or interfere with the more beneficial use of the water.

Divvying up Colorado River water

Overall, 78 percent of Colorado River Basin water is used for agriculture and 22 percent is used to meet municipal and industrial needs.

Under a decades-old agreement, the lower-basin states receive yearly allocations: California, 4.4 million acre-feet; Arizona, 2.8 million; and Nevada, 300,000.

The upper-basin compact guarantees 50,000 to northern Arizona and divides the remaining water by state, with Colorado receiving 51.75 percent; New Mexico getting 11.25 percent; Wyoming, 14 percent; and Utah, 23 percent.

Utah’s Colorado River allocation is around 1.4 million acre-feet. The state already has allocated 1 million acre-feet of that, including the 53,600 previously planned for coal-fired power projects in San Juan and Kane counties and now earmarked for the Blue Castle project.

Future projected uses of unappropriated water include the Ute tribe, 105,000 acre-feet; the Navajo tribe, 81,000; new agricultural uses, 25,000; new municipal and industrial uses, 5,000; and the Lake Powell pipeline, 98,000.

That leaves 98,000 acre-feet unallocated, according to the Utah Division of Water Resources.

Sources: National Geographic and the Utah Division of Water Resources.

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