If the new study yields negative results about the stability of the southeast corner, Harding restated in front of the council his pledge to any affected Magna residents that Kennecott will make up the difference in loss of property value.

In answering council members' questions, Harding said the old tailings pond is dry on the surface and that a "dewatering" process should remove about 20 more feet of water beneath the surface within the next 10 years, in theory eliminating the chance that the southeast corner would liquefy and flow in a strong earthquake. Kennecott currently uses its newer adjacent north impoundment along I-80 for its tailings waste.

Deputy District Attorney Craig Anderson told the council that it did not appear that Kennecott had violated any county regulations or ordinances by not disclosing to Magna residents the results of the 1988 study.

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E-mail: sspeckman@desnews.com