Scofield cabin dispute changes tone

PRICE — From his office at the Eastern Utah Community Credit Union, Carbon County Commissioner Mike Milovich admits it was difficult for him to lay his hope and the destiny of dozens at the doorstep of a federal bureaucracy.

But after a meeting last week on an issue often punctuated with acrimony, distrust and even despair, Milovich said he emerged trying out the taste of a new take on the dispute: encouragement.

Milovich, other county commissioners, state lawmakers and even Gov. Gary Herbert's office have been working to settle a problem between a group of residents who own cabins at Scofield Reservoir and the U.S. Bureau of Reclamation.

Situated about 120 miles from downtown Salt Lake City, off of U.S. 6 in Spanish Fork Canyon, the cabins in a section of the Bolotas subdivision landed in the cross hairs of the federal agency because of flood concerns.

Ambiguity over title to the lots in the disputed property boundaries led to a 10th Circuit Court of Appeals decision that said even though some of the property had been "used" over the years by residents, it remained federal property and the agency had the right to evict.

The ruling has put the brakes on any land transactions and kept other cabin owners in limbo, fearful that the rigid regulations of a federal agency would wipe away a legacy of efforts put into property they thought was theirs.

"It's been a comedy of errors all the way around," Milovich said.

That angst brought on by last summer's ruling, however, has abated somewhat because of ongoing negotiations among the bureau, residents, attorneys and politicians.

"There's been a whole, complete metamorphosis," Milovich said. "To their credit, I see the (BOR) willing to step to the plate. I'm quite encouraged."

Instead of evictions, Milovich said the bureau and others have been talking about possible ways — with Congressional action — to let the cabin owners stay. It might be in the form of a physical compromise if owners agree to "anchor" their cabins should the area become flooded. Or, it might combine that option with some type of licensing agreement that includes a waiver of liability in the event of a flood. Milovich said the possibility of a land trade is not out of the question either.

Those shifts in the negotiations, Milovich believes, were the result of state Rep. Patrick Painter, R-Nephi, who sits on the Legislature's natural resources and environment committee and represents the area.