Utah's rural road battle back in spotlight

'Eclectic group' raises concerns at field hearing

ST. GEORGE — Washington County Commissioner Alan Gardner is a tried and true, red-sand-in-his-shoes, lifelong resident of Dixie.

"All of my ancestors on both my father's and mother's sides came to this area prior to 1863 and settled in six different communities," Gardner told members of a U.S. Congressional Resources Subcommittee during a field hearing here Monday at the Dixie Center. "I am the fifth generation of my family to live in Washington County."

Three years after Gardner's ancestors called Utah's Dixie home, Congress passed the Revised Statute of Mining Law, Section 2477, which granted counties the right to establish access routes across public lands. RS2477 was repealed in 1976, but any road in place before that time could qualify as a local right-of-way.

"This statute (RS2477) gave my ancestors and other settlers the right to establish transportation corridors as needed for connections between the communities and to develop the natural resources of the area," Gardner said. "No documentation or recording of any type was required."

The field hearing, which was chaired by Rep. George Radanovich, R-Calif., attracted a large enough crowd that a second room had to be opened up for those interested in the topic. The two-hour meeting included testimony from "an eclectic group of people," said Rob Bishop, R-Utah, who represents the 1st Congressional District and is running for re-election in November.

"The historical and legal aspect of roads was discussed, but I thought the more important issue was what are we doing to people and to the development of rural Utah," said Bishop. "Either way you look at it, if access to public lands is denied it hurts people and their ability to make a living. It hurts recreational opportunities and it means economic development will dry up."

The hearing focused on the impact of RS2477 and a memorandum of understanding that former Gov. Mike Leavitt initiated and signed with the Department of the Interior in 2003. The document seeks to resolve some of the ownership issues without resorting to litigation.

Scott Groene, executive director of the Southern Utah Wilderness Alliance, said Utah and a number of its rural counties are asserting ownership of more than 10,000 roads in areas already designated as national parks, wilderness areas, proposed wilderness areas and other areas of concern.

"It is hard to imagine a more sweeping threat to these public treasures," Groene said in his testimony before the subcommittee. "Most of these claims are long-abandoned trails left by anonymous wanderers, dry stream bottoms, off-road vehicle routes, and some are not even visible on the ground."

Groene said the memorandum of understanding does nothing to alleviate the threat of litigation or to resolve legitimate claims.

Comments