From Deseret News archives:

Ute tribal members suing agency over right-of-way dispute

Published: Wednesday, June 2, 2004 9:02 p.m. MDT
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With the OK from federal judge Tena Campbell, ditch riders were finally able to open head gates about two weeks ago so water could be diverted to 20 farms and ranches in the Utahn area of Duchesne County. Mountain has about 429 acres of leased and allotted tribal land and Pike has a small percentage of ownership in a 40-acre allotment in the area, according to court records. Wopsock is listed in court documents as a former tribal government leader who "repeatedly notified the BIA of harmful third-party trespass to tribal and allotted lands by certain non-Indian pipeline companies."

Mountain and Pike maintain the pipelines ruined canal systems which supplied water to their crop land and for fisheries. As a result, court records say their livelihood linked to agriculture has been irreparably harmed.

The pipelines were constructed with funding from the federal government's salinity reduction project. All three plaintiffs claim to have been injured by the alleged destruction of riparian habitat and to the Rock Creek fisheries generated from the development of the Salinity Control Act.

Court documents state the Ute Tribe Business Committee signed off on the salinity control project, granting rights-of-way for the two pipelines used by the Shanks and Knight irrigation companies, and even committing money towards the project.

Mountain and Pike's leased allotments are not served by the pipeline, but irrigation officials said that was their choice when the pipeline was installed. As part of the salinity control project, a diversion device was installed to serve 40 acres of Mountain's property, according to court records.


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