NEWS ROUNDUP

West Desert: They get an earful about Nevada's plan to pump border groundwater Visiting state legislators here Monday got an up close and personal primer on how vital water is to the residents of Utah's West Desert - and how vehemently opposed they are to a proposal by southern Nevada water officials to tap groundwater sites just over the state line and begin shipping it via a pipeline to Las Vegas. "I'm afraid for my community and I wonder if this is the start of a long, slow goodbye," said West Desert elementary school teacher Kathy Hill, who along with her neighbors fears that the Southern Nevada Water Authority's groundwater pumping project will dry up and destroy a place - the Snake Valley - that they have called home for generations. The SNWA plan calls for multiple well sites in Lincoln and White Pine counties that would take about 180,000 acre-feet of water annually out of eastern Nevada's aquifers. About 25,000 acre-feet would come yearly out of Snake Valley, which runs along the state line. Because Utah and Nevada share that aquifer, Utah's approval is necessary for the project - scheduled to be operational by 2015 - to go forward. To that end, members of the interim Natural Resources, Agriculture and Environment Committee got an earful from local political leaders, who complained that the Huntsman administration hasn't been aggressive enough in combatting what one resident called "a naked water grab."....
Leavitt plans 'recreational subdivision' in Nebo wilderness A group of investors that includes at least one brother of former Utah Gov. Mike Leavitt wants to develop a "recreational subdivision" on private property within the Mount Nebo Wilderness Area. An application filed with the Juab County Planning Commission calls for 15 to 35 lots on 152 acres owned by The Eva Mining Co. of Vernal. "Our plan is to develop the property into something that is environmentally in harmony with the 20,000 acres of wilderness that surrounds it," said David Leavitt, an attorney. "The unique characteristic of this piece of property is that it's surrounded by wilderness. If you do anything to hurt that, you're not helping anybody." Plans call for cabins built with environmentally friendly materials and practices. The main sources of power will be solar energy, Leavitt said, although generators would be allowed as backups. Water would come from wells, and "significant portions of land" would be left as common areas, according to the planning application....
Court blocks Bitterroot logging project A federal court of appeals has blocked commercial logging on some U.S. Forest Service land in the Bitterroot Valley, a project a federal judge in Missoula twice refused to halt. Small trees in the project near Sula may be removed as a way of reducing wildfire fuel, but trees 8 inches in diameter or larger must be left until a court case filed by environmental groups is settled, two judges on the 9th U.S. Circuit Court of Appeals ruled Monday. The WildWest Institute and Friends of the Bitterroot filed the case challenging the Middle East Fork Hazardous Fuels Reduction Project. Arguments before U.S. District Judge Donald Molloy of Missoula are scheduled for this fall. The project was prepared under a Bush administration measure — the Healthy Forest Restoration Act — advanced as a way to improve forest health through tree thinning and other management. WildWest and Friends of the Bitterroot say the East Fork project is not sound scientifically and was prepared with inadequate public involvement....
Groups challenge new dam rules Many utilities and power companies that operate dams will be allowed to do less to protect salmon and other fish if the Bush administration’s interpretation of the 2005 Energy Policy Act is allowed to stand, a lawyer for several environmental groups told a federal judge Tuesday. “The end result is that measures to protect wildlife ... are being weakened as we speak,” Earthjustice’s Jan Hasselman told U.S. District Judge Marsha Pechman. The Federal Energy Regulatory Commission issues licenses to operate dams, and often those licenses incorporate conditions set by other federal agencies to protect wildlife — building fish ladders, maintaining river flows and monitoring water quality, for example. The Energy Policy Act, signed by President Bush a year ago, allows dam operators to challenge such conditions in a hearing before an administrative law judge. It also allows the dam operators to suggest alternative environmental measures, and requires the judge to approve those measures if they are “adequate” and will be less expensive or allow for greater electricity production. The environmental groups, led by Washington, D.C.-based American Rivers, are not challenging the law itself. Instead, they’re challenging the Bush administration’s decision to apply it to dam relicensing applications that were under way when the law took effect....
New Product May Be Answer To Pine Beetle Problem A Boston-based company may give new hope for mountain homeowners dealing with the pine beetle problem. Arborjet Inc. developed a product that may be able to repel the bug which has ravaged the hillsides in Colorado's high country. The new insecticide also acts as a fungicide that repels insects and prevents the blue fungus that beetles leave behind from suffocating the tree from inside out. To use the product, holes are drilled into a tree and plugs put in to keep the solution from leaking out. The tree is than injected and its own veins are what distribute the insecticide. The product hasn't been approved by the EPA, but Arborjet believes an approval could come as soon as next spring for some small scale projects....
Wolf Creek petition fails The developers behind the proposed Village at Wolf Creek have unsuccessfully petitioned Secretary of Agriculture Michael Johanns to review and reverse a recent Forest Service decision requiring two access roads to their high-mountain site next to Wolf Creek Ski Area, according to an agency official. Texas billionaire and radio mogul Billy Joe "Red" McCombs and Bob Honts, doing business as the Leavell-McCombs Joint Venture, filed a request in late July "urging that only one road, the Tranquility Road (through the ski area), is necessary for the village and that the second access road, the Snow Shed Road, constitutes an unnecessary environmental impact on Forest Service lands." Forest Service spokesman Dan Jiron said Monday a discretionary review by the secretary is not going to happen. "There is no provision for discretionary review under (the) regulations for this type of decision," Jiron said. "The parties that requested the review have been informed."....
NASA satellites can see how climate change affects forests Although predicting how future climate change will affect forests remains uncertain, new tools, including satellite data, are giving scientists the information they need to better understand the various factors at play and how they may change forest composition and health. Scientists have found that satellite measurements of tree species and growth in forested regions across the United States were often equivalent to those taken directly on the ground. The study relied on a sophisticated data product from NASA's MODerate-resolution Imaging Spectroradiometer (MODIS) aboard the Terra and Aqua satellites called the "enhanced vegetation index," a measure of forest productivity that can also be used to gauge the total number of tree species in a region. The data was found to be highly successful in indicating the number of tree species when compared against data compiled, for the first time, in a country-wide survey of tree species by the U.S. Department of Agriculture Forest Service. The MODIS data also shows that the overall productivity or growth of a forest in response to weather and seasonal conditions was closely linked to the number of different tree species it contains, allowing scientists to more readily infer the effects of climate change. "In anticipation of shifts in climate, accurate measurements of forest growth and composition are becoming more important," said Richard Waring, professor emeritus of forest science at Oregon State University, Corvallis, Ore., and lead author of the study. "These new data help us better predict how forests may change so officials can implement environmental plans or regulations to lessen the impact in advance."....
Study targets mercury in eagles In the wake up reports that several bald eagles in Montana had toxic levels of mercury in their blood, a study is being launched to see if others in southeast Montana and northeast Wyoming have been affected. Eagles with mercury poisoning showed up last winter at the Montana Raptor Conservation Center in Bozeman. Since then, 10 to 12 more brought to the center showed elevated mercury levels and two have died. Mercury occurs naturally in certain kinds of soils and rocks and also is a pollutant associated with coal-fired power plants, mines and other human-operated causes. Once it reaches the water, mercury is usually converted to methylmercury, which fish can absorb and maintain in their tissue. When eagles, osprey or other fish-eating birds snatch them up, the poisonous mercury in the tissues comes along, too....
Interior Secretary: Alaska Drilling Safe Interior Secretary Dirk Kempthorne declared after a helicopter tour that drilling will proceed in a North Slope region that has become the focus of a new dispute over Alaska oil drilling. He said the area's wildlife will be protected. Some members of Congress and environmentalists have argued that problems with pipeline spills at Prudhoe Bay and pipeline corrosion 200 miles to the west makes opening an ecologically sensitive area of the North Slope to oil companies especially questionable. But Kempthorne said Tuesday after seeing the region in person from the air that he is more convinced than ever energy production can coincide with environmental protection. ``We're set to go forward,'' said Kempthorne, whose department will sell oil leases to nearly 500,000 acres north and east of Lake Teshekpuk, an area environmentalists maintain should be protected because of its value to caribou and as molting grounds for tens of thousands of geese....
Salty methane water may quench timber's thirst The green oasis next to the coal-bed methane water reservoir stands out from the sagebrush prairie. Over a rise on the road, in a valley just north of nowhere, the grove attracts hundreds of rabbits with a landscape feature unique in these parts: Trees. But not a single one of the 2,100 trees covering the three-acre spread in carefully planted rows would be there if it were not irrigated by coal-bed methane water, the salty and bedeviling byproduct of drawing natural gas from coal beds. "What we started was what we consider a pilot project," said Patsy Ballek, an environmental specialist with Windsor Energy Group, an Oklahoma-based company with coal-bed methane operations in the Powder River Basin. Now the trees -- poplars bred by an Iowa company to soak up large volumes of salty water -- appear to be thriving. Some have grown more than 2 feet since they were planted in late April, giving Ballek and others involved with the project hope that the technique might be used in other parts of the basin to sop up the vast quantities of salty water that accompany coal-bed methane development....
Conservation groups sue BLM, Nevada developer Two conservation groups have filed a lawsuit against the Bureau of Land Management, claiming the federal agency improperly changed a public land boundary to accommodate a prominent developer without conducting an appraisal or environmental analysis. The Seattle-based Western Lands Project and the Nevada Outdoor Recreation Association in Carson City said in court papers that the BLM's state office in Reno wrongfully issued a "corrected patent" last year. The groups claim the move rearranged the boundaries of a 14,000-acre wedge of leased, public land set aside to protect the endanger desert tortoise located in the center of developer Harvey Whittemore's 42,000-acre planned development, Coyote Springs. The change allowed Whittemore's company to consolidate its private holdings on the site where he intends to build 150,000 homes. This was done with the "lack of environmental analysis of any kind and lack of appraisals," Western Lands Project's layer Chris Krupp said in an interview Monday....Go here to read the suit.
Lawmakers push Utah land-use bill Two Utah members of Congress said Monday they will push this year for congressional passage of their Washington County land-use bill despite continued objections of environmental groups. U.S. Sen. Bob Bennett, R-Utah, told The Salt Lake Tribune editorial board he was “mildly optimistic” about getting the bill enacted before a new Congress is sworn in in January. The bill would, among other things, set aside wilderness, designate Utah's first-ever wild and scenic rivers and free up to 24,300 acres of federal land for sale. U.S. Rep. Jim Matheson, D-Utah, emphasized the Washington County bill would work hand in hand with county-led land planning to address sprawl and growth problems that have come to a head, with Washington County identified as the fastest growing county in the nation in the past five years. “On the ground, things are happening,” said Matheson. “And it ain't good.” Unconvinced the bill's good points outweigh the bad, Utah conservation advocates vowed to do their best to derail it. As they have since the Bennett-Matheson concept was unveiled last spring, they complained about being excluded from the bargaining table and about specific parts of the bill....
Ruling means problem wolves stay alive A federal judge's recent ruling that barred wildlife officials from killing problem wolves in Wisconsin has saved the lives of at least five wolves preying on livestock in northern Wisconsin, the state's coordinator of the wolf management program said Tuesday. Since the judge's decision Aug. 9, wolves killed sheep and calves on four farms in Douglas and Bayfield counties, said Adrian Wydeven of the Department of Natural Resources. Until the ruling, wolves causing problems for the farms would have been trapped and euthanized with a permit issued by the U.S. Fish and Wildlife Service. The permit allowed for the killing of 43 such wolves this year. Up to 10 wolves might have been trapped and killed by now, Wydeven said Tuesday in a telephone interview from his office in Park Falls....
Column - Environmental what-ifs, and infringing on our property rights One of the most dangerous trends today, as far as our right to liberty, is the environmental movement. I am not talking about environmentalists' worries, of which some are surely justified. But like so many zealous people, environmentalists tend, in the main, to urge greater government powers and invasion of individual rights, especially the right to private property, in support of dealing with their concerns. But if we think about this a bit, it becomes clear that the greatest friend of the environment, including endangered species, is the principle of private property rights. One way to appreciate this is by considering what would have happened in the past if the principle had been firmly adhered to. For one, road building would have been curtailed. Indeed, all transportation that had expanded by leaps and bounds relied on the taking of private property, something the Constitution permits if it concerns some public use. Had it been strictly implemented, the takings clause of the Constitution would never have permitted the violation of the right to private property since "public use," properly understood in a free country, means only whatever is required for the administration of the legal system, such as a courthouse or police -- or military -- station. Every other purpose would have had to be achieved without violating anyone's property rights. This constraint would have required virtually all road and rail building, as well as all building of dams, sports stadiums and similar massive projects, to be carried out on a relatively smaller scale than what government-sponsored projects that violate private property rights involve....
Game animals dying for food Drought conditions in Fremont County aren't just hurting local ranchers and farmers. The Wyoming Department of Game and Fish says dry conditions since April are also having an effect on wildlife. Deer and antelope are increasingly being killed by vehicles as they seek out relatively lush vegetation along roadways. "Road ditches have more succulent vegetation and more of it," said Kent Schmidlin, wildlife supervisor for the game department's Lander Region. He said plants along roadways receive double the water after a rain shower. While Steinke said the majority of his crew's work usually takes place during spring and fall migration periods, he said the lack of feed at higher elevations has pushed animals down to roadways now....
DM&E taking land acquisition steps in S.D., Wyo. The Dakota, Minnesota and Eastern Railroad has been sending letters to landowners along new lines that the Sioux Falls-based railroad proposes through western South Dakota and eastern Wyoming. But in some cases, the landowners aren't interested. Smithwick rancher Dale Molitor says the railroad offered him $200 for access to his land for survey crews. He threw the letter in the garbage. Molitor and some other ranchers have been fighting the DM&E's plans for nine years. Rancher Nancy Darnell of Newcastle, Wyo., said it's way too early to talk about land acquisition. The railroad is trying to rush people with the letters seeking access, she said. Jaf Karim, a DM&E spokesman, said the railroad has good working relations with most of the landowners. But Darnell, of the opposition group Midwest Coalition for Progress, said only about 16 of an estimated 120 landowners who would be affected are working with the railroad. If the project is approved and financed, DM&E would have the power of eminent domain to condemn and acquire right of way -- in most cases a 100-foot strip -- from landownmrs along the route....
Johanns Focuses USDA Programs To Aid Drought Regions Agriculture Secretary Mike Johanns today announced during a visit to South Dakota $780 million in assistance to help farmers and ranchers manage drought and weather related production challenges. This funding includes a new $50 million program for livestock producers impacted by drought, focusing nearly $30 million in unused conservation funds on drought, and accelerating the delivery of an estimated $700 million in counter-cyclical payments. The new $50 million program for livestock producers, called the Livestock Assistance Grant Program, will provide $50 million in Section 32 to states in block grant form. States will distribute to livestock producers in counties that were designated as D3 or D4 on the Drought Monitor anytime between March 7 and August 31, 2006. The grants will help livestock producers restore their purchasing power. A list of eligibility criteria and eligible counties can be found at www.usda.gov by clicking on the drought spotlight....
Rancher taking new steps to keep cattle behind fences in RR Milo DeWitt is clearly not comfortable in meeting rooms. He dresses in cowboy boots and Wranglers and has a belt buckle the size of a football. After a life spent wrestling feisty steers his frame is cinder. As he tossed his hat on the seat next to him and stood to address the Santa Cruz County Board of Supervisors at their weekly meeting Wednesday, it was clear he wanted to say his peace and go home. DeWitt leaned down to the microphone and read from a statement he had prepared: “Three new water drinkers have been installed to move the cows away from Rio Rico Drive and Pendleton Drive across from the new Ranchos del Rio Subdivision,” he read. “The fields along Pendleton Drive were upgraded to plant Sudan grass for the summer. In October, these will be plowed under and 110 acres of alfalfa will be planted.” He continued. The corrals would be rebuilt. The cows would be placed in pastures. Four new hands would be hired and they would monitor the daily movement of the cows away from the roads. The herd itself would be cut in half. The bill for all the changes would cost the rancher $90,000....
Wandering pickups and cattle drives all part of life in Powder River County Charles Patten put his pickup in low gear, tied a rope to his steering wheel, then to his gear shift so the truck would go in something resembling a straight line, and let the clutch out. The truck slowly rolled out across the prairie, and Patten climbed out of the cab and hopped into the bed of the truck to pitch hay out to his cattle as the vehicle putted along. It was winter, and bitter cold, but the physical activity kept him warm. All was going well until the truck hit a rut and Patten was knocked out of the back. He heard a sickening snap as he hit the ground. “A cowboy knows when he's broke a bone,” Patten says, and he lay in the field, unable to move with his hip broken, and watched his pickup drive off. After a long, long time, it disappeared over the horizon. “I found a frozen cowpie to put my head on, and settled in,” Patten says. “I'd told my daughter where I was going, and I was pretty sure, eventually, somebody'd come lookin' for me.” An hour passed, then two, then three. After about four hours, Patten finally saw something driving toward him. It was his own pickup truck....