Sandwash land case is going before judge

ROOSEVELT — Close to four years after learning their property would be lost through the expansion of Sandwash Reservoir, several owners of waterfront land are still refusing to sell.

A bench trial is scheduled for this Thursday and Friday in Duchesne before 8th District Judge John R. Anderson to determine if the Central Utah Water Conservancy District can take four parcels, all well above the high-water mark, through eminent domain. Four lots owned by Gazelam Corp. are being used as a "test case," according to the company's attorney, Gordon Madsen.

In 2003, about 80 parcels were initially included on the list of properties slated to be claimed by the Bureau of Reclamation in connection with the expansion of the reservoir. All but about 30 parcels have been sold to the government. Once the process is finished, the property and the reservoir will be turned over to Moon Lake Water Users.

The enlargement of the reservoir, about five miles south of Altamont, was completed last fall. The majority of the $50 million-plus federally approved project was funded through the water-conservancy district. The increased size of the reservoir provides water storage for irrigators, as well as municipal-industrial water for Roosevelt and a recreational spot for boaters and anglers.

According to 8th District Court records, an offer by the government to Gazelam of $14,200 for the four parcels jumped to a "final offer' of $20,000 two years ago but was still rejected. Documents submitted to the court by Madsen on behalf of Gazelam Corp. claimed the Bureau of Reclamation's offer was not made in good faith, calling it "grossly inadequate — and far below the amount paid to others similarly situated."

The Central Utah Water Conservancy District began legal proceedings in 2006 to take the property through the condemnation process allowed by law. The landowners contesting the mandated sale of their land are watching the case against Gazelam with interest. Three different appraisals of the property have reportedly been conducted on the landowners' parcels.

Duchesne County resident Jim Brady's property is almost surrounded by water when the reservoir is full, but he maintains being granted a right-of-way would allow him to continue to use the family-owned land that he said holds a great deal of sentimental value. "It's been four years, the trees have died, the fence is down, there is no way they can get an adequate appraisal," Brady said. "They have water-locked us."