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Show Volume 110 50 WEATHER FORECAST Thursday -- Sunny High 99 Low 67 Qt Friday Mostly Sunny High 102 'Low 67 Saturday www.moabtimes.com Number 27 by Lisa Taylor contributing writer Mostly Sunny High 101 Low 66 Read all it! Look msioe for The Extra1 Youll find weekly events, a TV guide, horoscope, crossword, calendar, real estate listings, classifieds and more Mike Taylor in B1 see pg Allstars game Since 2001, outfitters have been hit by crippling hikes in their insurance rates. While the immediate cause is an insurance industry thats offsetting huge losses by cutting out small clients, the underlying reason for the cost - and the need for liability insurance at all - is litigation. Outfitters, adventure clubs and events usually make good insurance clients, because despite few claims, most of them need at least $1,000,000 in liability coverage to operate at public facilities or on public lands. limits apply no matter how Those large or small an operator is, and are required for almost every permit. And while small businesses struggle to pay for all that coverage, one industry expert says the strings of zeroes dont really protect anyone. Jim Quist is an underwriting specialist with Worldwide Outfitters and Guides, and has seen his share of outdoor recreation lawsuits. If youve got a million dollars in coverage, theyll just sue you for two million, so high limits arent the answer, he commented. One answer the adventure industry has tried is reducing risk, with limits such as walk-onlhorseback rides or ATV trips for licensed drivers only. Some restrictions are about safety, but at least as many are required by insurance and driven by liability concerns. The fear of lawsuits has become a major factor in what outfitters do, are willing to do, are willing to allow their clients to do, and in the cost of their services, according to attorney Steve Russell, who has several outfitter clients. He says most claims are settled one way or another before lawyers get involved, but knows of about a dozen cases that made it to the legal system in the last year, mainly related to minor injuries. At that point, says Russell, the question is whats the standard in the industry. There are hundreds of experts in the field, and plaintiffs can find experts to say, yes, there was negligence, and the industry can find experts to say, high-doll- ar y CS Vacation? German tourists think so B6 See pg Steve White Where is he7 A7 See pg no there wasnt. The concept of negligence can be dangerously confusing for new business owners, guides and e staff, especially as it relates to the form customers have to sign assumption-of-risbefore a trip. Russell says every outfitter should include as much detail as possible in the form, even if it seems obvious. For instance, you can let people know that if you go down Westwater, the boat can flip and you can fall out and you can drown, without the outfitter being negligent. By signing, theyre saying, I agree to these risks, and agree not to sue based on these risks Risk forms include such threats as guide error, hypothermia, poison ivy, slippery surfaces, and the unpredictability of livestock. Many vacationers are alarmed; just as many laugh out loud. Almost everybody signs anyway, and off you go. Some people think, If I can get somebody to sign this, they cannot sue me. Thats not true if an outfitter or supplier does something negligent or provides gear like a climbing harness thats broken and they end up falling, theres nothing they can sign thats going to prevent them from suing. David Brown, executive director of rafting lobby America Outdoors, agrees that there is no card, and adds that a lot of lawsuits from what Lori McFarland of Highpoint Humarise calls mer Disneyland expectations - that paying Continued on Page A 2 front-offic- k Inside T he T imes Business Directory: Extra Dining & Lodging: B2 Editorials, Letters: A6-- 7 Historic Photo: A2 Notices: B4 Obituaries: A4 Region Review: B2 wide-rangin- Sports: WEATHER HISTORY Date High Low Precip. g . June 25 June 26 une une 82 51 Tr. 89 51 -J- 27 96 52 -J- 28 98 52 June 29 100 60 une July ' -J- 30 104 61 - 101 66 1 oessAsSo ' First Place In Four 9 J . . Categories Group n r - ,'U ; && To subscribe to The Times-Independe- 2003 Part 2 of 2 Sunday nt 3, Fear of lawsuits drives up costs and tightens reins on recreation Mostly Sunny High 102 Low 67 about Thursday, July nt call subscribemoabtimes.com The nt This news- (Jyj paper is 7 X) Zly7 printed on recycled paper and is recyclable. s. No matter how professional an outfitter - or any business may be, the question is now when rather than if it will be threatened with a lawsuit. Part of the reason is the sheer number of people visiting the Moab area. Photo courtesy of Action Shots - Come on out and join in the fun ! . . . scene from last year s Fourth of July Celebration, waiting for the parade to amve Lineup ft t takes place at 4 p m by Jumbo's Market Those taking part will parade on down to Swanny City Park at on the real fun begins See the schedule of events on page A2, and ads about the celebration trou y This is a 1 ' ,;L nr r j - e e ; . i, Photo by Jeff Richards UDOT will do the study, but if Moab wants a bypass it will have to go looking for funding by Lisa Church contributing writer UDOT Region t director "It would hi something y on could applv for fed r il binding for Th(' I'tah Department of Transportation UDOT) w ill stud v the feasibility ol a hvp i mi k a- part of a traffic study for the planned Colorado grants tvpicallv require the commumtv River bridge repl.nenu nt, hut if Moab w ants a In pass, the commumtv and county officials who attendc'd tin i -. Hawks said federal highwav to said last week If there is to be a In pass, would be part of a it d community-supporte- system, and not part of the state system." said Dal Hawks, i, t v ID to 20 XTcent of the total rost, a prosjiect that raised concern among ntv unt meeting in June1 "That's a different sort of animal for it. UD( )T officials will have to pa j than I was imagining," said City Manager Donna Metzler That wasn't im understanding from pre- V Kills A discussions tour lane bypass road could built I DOf w ill oil, suggestions tor w In lie lo ati proi ct d But Kim managi r. gt m r i M m said ili, ("i.lil i bv p ('- w I la am nc Coniii i iuTT mi v )( will r.mc 2 Water District passes resolution of intent to issue revenue bonds if necessary .ar fy t. i n a r i t affect onh those r.itep.ivi rs Im t d m a -- n itn ill tint rndv The Spanish Valh v Impiovinnr.t Dstmt v w Cl ) at. mi G( rat epaver that pun bases i uliii.n t t d h.it it But Pit rson m i. at tile mei tmj 'u pild n nl u n hi. ImiaC could force GCWCD to put tin omk d v before the ot rts fo do so, J pi hi nt ol all g t v v oter- must sign a pi it nm 4 a ii.it Gland Count the issue be placed on the ballot ; i nf special meeting the Grand Countv Water Conservancv District (G(WCD) hoard took a first step toward raising t lie w hole sale rate it charge Spanish Valiev Water and Sewer Improvement District (SAW SID) for r i . t i -- cuhnarv water Rex Tanner. G.irv The three board members present .James tinanimmisK Walker Wilson, and approved the of bonds Revenue rev bonds enue resolution intent to issue of JO land for to acres mav be needed help the district pav w tw chase to o including ulinary ells that it has agreed pin x-.- v from White Land Companv. LLC. , ' C The resolution notifies the public that the revenue bonds may be sold, but does not authorize the bonds. The hoard must vote again publicly to sell revenue bonds i The notice ol intent sets a maximum of S2 " million that GCWCD can raise through the revenue bonds Dale Pierson, manage! of'Grand Water and Sewer Service Agency - the umbrella agency that oversees GCWCD - said under the revenue bond "worst case scenario. GCWCD could raise 3 the culinary rate charged to Spanish Valiev from S80 to t $27 J per That's trulv a worst case scenario. That would he if ?. . . the land did not sell and the Conservancv District had to van shown o(f here Better than the bus- The raise all the pun hase monev from culinary water sales, Pierson said We wont go there by transportation coordinator Saram and driver Dianne Pierson said before issuing the revenue bonds. GCWCD Robbins, may not have a CD player, but wth cd tld scats it definitely beats walking And with will attempt to recoup the costs of the land transaction by and Robbins, who will make extra trips to get all her passenselling most ol the land purchased from White Land Company. The district will keep the water wells. gers to work on time, it also beats praying that loaner' will The intent is to sell the property for hopefully the same be available - and running - when you actually ned it See is Photo by Lisa Taylor amount as the purchase price, Pierson said. "If the land story on page A5 sold at that price, then the Conservancy District will not issue the revenue bonds, and Spanish Valley will not have to raise rates. If the district is unable to sell the Summer has just begun, but its time to begin thinking about fall land right awav, then the revenue elections. bonds will be put in place, and Spanish City Recorder Rachel Ellison this week reminds residents that three seats on the Moab City Council are up for grabs this year. The period for Valley will pay higher wholesale rates for culinary water, which the filing for those positions begins on July 15 and runs through August 15. Those wishing to file must have resided 12 consecutive months w ithin Improvement District will pass on to Moab city limits. Declarations of candidacy can be filed with Ellison at customers. Under that scenario, Pierson said the average Spanish her office in City Hall between 8 a.m. and 5 p.m. Monday through Friday. bill will If a sufficient number of candidates file, a primary election will be Valley residential increase by about $9.86. held Oct. 7, with the general election scheduled for Nov. 4. Unlike general obligation bonds, Current council members whose terms will expire at the end of this which tax all county residents and year are Gregg Stucki, Rob Sweeten and Kirsten Peterson. bonds revenue voter approval, require c lrv'v. Jj;i , n i'r i r.t v v acre-loo- Need a ride ride-to-wor- k Filing for City Council opens July 15 |