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Show Opposition overwhelming on Ashley Springs wcrterline Opposition to the granting of right-of-ways to a 24-inch pipeline into Ashley Springs was overwhelming at a BLM bearing Thursday. The pipeline is the last leg of waterline rom the Chocolate Rock water tank in ower Dry Fork Canyon. The lower portion por-tion of the pipeline is near completion, snd the Ashley Valley Water and Sewer ; District is waiting on the BLM permit to complete the line. Opposition to the granting of the rights-ways into the spring centered on three s'c concerns: that the waterline would wMyater Ashley Creek, feed by Ashley "Pings, the Ashley Valley District has J Water rights to water in the spring and Pipeline would take water from Wished rights. Presenting the request by the Ashley vaUey District, Gayle McKeachnie, Wct attorney, said they are asking the for a 30-foot wide permanent ease-ent ease-ent to the spring 2,697 feet long and a Hoot construction easement. He said e 'me would parallel the present VaSey1 Waterline now servin8 Ashley McKeachnie said the Ashley District JfMs the new line because of low S i ,uUre in the system which wouldn't 5 the Chocolate Rock and Asphalt Se water tanks. semL separation agreement, which "led a lawsuit between Vernal City Naples Water Company and divid-uie divid-uie Ashley Valley water system bet- Jn the two entities, allows for the ,lct to connect its own line into ty th Sprin8s uPn notice by Vernal a' ' "at the system is at capacity. saint"131 City hasn'1 8iven 1,131 notice-" i( Q McKeachnie, "but the district feels 11 s time." The separation agreement also allotts the Ashley District 290 acre feet of water from Davis, 200 acre feet from Naples and 150 acre feet from Ashley Water Companies, should the Ashley Water District side with the Ashley Valley District. Also the Ashley Valley has 265 shares of Ashley Valley Reservoir canal stock and other canal stock which could be used us-ed by exchange for rights at the Ashley Springs, McKeachnie said. In opening the hearing to public comment, com-ment, Lloyd Ferguson, BLM district manager, said the BLM wasn't in a position posi-tion to judge the merits of the case based bas-ed on water rights, but just on direct and indirect environmental impact. The opposing statements that followed follow-ed included environmental impacts, but the question of water rights kept creeping up. David Francis, chief advisor on water rights for the Bureau of Reclamation, said the federal agency is opposed to the granting of the right-of-way by the BLM until the water right matters for the water which will be diverted into the pipeline are properly resolved and we have assurance there will be no adverse impacts on both the Vernal and Jensen Units of the Central Utah Project. The further diversion of water from Ashley Creek, above Steinaker, Vernal Unit would infringe on the exchange contracts the Bureau has to supply water from Steinaker in exchange for municipal and industrial water at the spring. "Our experience to date is that barely enough water exists at the springs to operate these exchanges now, and any reduction of flows in Ashley Creek will t impact the ability to deliver water and pay for the project,'' Francis said. The Bureau is also concerned that the Ashley District has not complied with the Utah State Water Law to file for appropriate ap-propriate water right application prior to any diversion of water. A second concern con-cern is that in order for the separation agreement to be solidified 4,000 acre feet of Red Fleet water must be tranferred from Vernal City's allotment to the district. The 4,000 acre feet of water puts the Ashley Valley District in a Catch-22 situation, unless they plan to use the water for municipal or industrial purposes, pur-poses, which the district ardently opposes. op-poses. The Bureau of Reclamation will not approve the transfer of 4,000 acre feet of Red Fleet until they know the use for the water. They are against exchanging it for Ashley Springs water and depleting the creek by 4,000 acre feet. Concern that the pipeline would jeopardize prime brown trout fishing habitat was voiced by Ron Garst, project leader for the Water Development Operation with the Fish and Wildlife Service. "The pipeline proposal has the potential poten-tial for impacting highly valuable fish and wildlife habitat. Construction on nonfederal non-federal lands has already been initiated and may have resulted in damages to fish and wildlife habitat," Garst said. Clay Johnson, of the Uintah Fly Fisherman's Club, echoed Garsts concerns. "If it can be shown that the pipeline wouldn't effect the stream flow, we would support the project." A representative of the Bonneville Chapter of the American Fisheries Socie ty said the Ashley Creek is the highest quality fishing of four fly-only streams in the state. Reading a letter from Mayor Samuel Snyder, City Manager, Kenneth Bassett outlined the city's objection to granting the right-of-way; the district has no water rights, the 15 cubic second feet applied ap-plied for from the state wasn't properly advertised, and the district has water rights only when they secure 4,000 acre feet of Hed "Fleet water as stipulated in the separation agreement to relieve Vernal Ver-nal City of some of its 12,000 acre feet of Red Fleet water. The Uintah Water Conservancy District voiced opposition to the pipeline by saying that during the low period Ashley Creek flows only 11 second feet which is barely enough to allow proper fish habitat and honor upstream water rights. Although the hearing was overrun with opposing statements, several of the 40 people at the meeting voiced supportive opinions. "I'm sure the Ashley Valley District would be open to maintaining the fishery in Ashley Creek," said Lyle McKeachnie, former Ashley District chairman. Lawrence Kay, mayor of Naples City, said, "It seems like the bureau and state agencies are working against us rather than for us. Our area was the instigators of the separation agreement and if an election was taken today most of the people peo-ple would support it." "Most of the land along the creek is private and landowners don't want people peo-ple fishing in the creek," LaMar Stevenson, Steven-son, contractor on the project said. "I respect the district for planning ahead." Continued on page 5 -IvM- ' i sJ t ' 12' , If" "' 5'c''"' YCl ' - -PROPOSED JHLE'Y'. CMJYdU- . . '" i I ! t r- " ' i'-. , ; ..... - iv V"U s . i -.. v .,rr' . ;i, ONLY THE UPPER 2600 feet of pipeline is left fo complete as Ashley Valley District request BLM right-of-ways. i Waterline... The BLM will use the remarks at the hearing to development an environmental environmen-tal impact statement on the right-of-way request. Ferguson said that it would be pointless to grant a right-of-way unless the district has water rights in the spring. A BLM reply to the district's request will come after input from other state and federal agencies which must approve ap-prove the request. |
