Tuesday, April 14, 2009

Utah counties lose again in road & water monument fight

Kane and Garfield have lost another round in their years-long court fight for more road and water access in the Grand Staircase-Escalante National Monument. A three-judge panel of the 10th U.S. Circuit Court of Appeals on Monday upheld an earlier ruling that the Kane County Water Conservancy District, which is seeking to drill a culinary well within the monument, doesn't yet have a case. In their 32-page ruling, the judges said that because the U.S. Bureau of Land Management, which crafted the management plan for the monument's 1.9 million acres, hasn't completed an environmental analysis on Kane's request to drill the well in Johnson Canyon, the county cannot show it has been harmed. Kane County, the Kane County Water Conservancy District and Garfield County sued the Interior Department and the BLM to challenge the monument plan on both road and water-right access. Mike Noel, executive director of the water district and Kane's representative to the Utah House, said the monument plan allows water rights of way only under certain circumstances that make it difficult for his water district to tap its water right, whose headwaters are within the monument boundaries. The proposed well site is on land proposed for wilderness study, which the BLM already has identified as having wilderness-quality resources...Salt Lake Tribune

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