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Show I liur'lii Morning Vugo-- t 2 Nwtinn It Letter to Keep Utah Off DOE Move Could Mean A Permanent Ban By Jim Woolf Interiors finding could carry enough weight to convince the U.S. Department of Energy to permanently abandon the Utah sites, according to several sources contacted by The Tribune. They said Interiors conclusion is significant because of 1978 amendments to the National Park Service Organic Act which prohibit the secretary of Interior from authorizing anv activity which would lead to the "derogation of the value and purpose for which a national park was created. If Interior truly believes there would be irreconcilable conflicts between the park and nuclear waste repository, it would appear that the 1978 amendments prohibit Interior Secretary Don Model from authorizing the use of federal lands at the Utah sites for the disposal facility. If is would effectively eliminate the Utah sites from any further consideration. The Davis Canyon site, located within a mile of the parks eastern boundary, is among five which DOE has determined to be potentially suitable for the disposal facility. However, it was designated as an "alternate which would be considered only if problems developed at one of the three preferred sites. The top three sites are located in Nevada, Washington and Texas. The Lavender Canyon site is located near Davis Canyon but somewhat further from the park. It was not e among the five sites selected for B-Column 1 fur-Se- lNWi lnge 1 By George A. Sorensen Tribune Suburban Editor And Ben Ling Tribune Staff Writer A Tribune Environmental Writer The U.S. Department of Interior has concluded that Davis and Lavender canyons in southern Utah should be dropped from further consideration as nuclear waste disposal sites because of irreconcilable conflicts" with Canyonlands National Park. , Deluge Triggers a Wave of Water Worries List? Nuke-Sit- e 1 massive rainstorm dumped more than an inch of rain in less than an hour Wednesday night over much of the Wasatch Front causing widespread flooding and mudslides. In Tooele, more than 2 inches of rain fell from 6 to 9 p.m. One pond was breaking through retaining walls in Sandy City. Officials alerted about 10 residents in the Willow Creek area on the east bench they may have to evacuate if the entire hillside washed away. Some .62 inches of rain fell in 45 minutes in Sandy, but moderate rainfall followed the main thrust of the storm, adding to the runoff troubles, officials said. An overflowing Sheffield Pond, near 8800 South and 2300 East, washed chunks of concrete from its banks into a gully. Runoff flooded eight homes on Savannah Drive, near 10600 South and 800 East, where water was reported hip deep on some streets. In Salt Lake City, it rained so hard people were swimming in the streets. At the Promised Valley Playhouse, 132 S. State, where ironically one of the plays was entitled "The Ark," actors sat on State Street and paddled through the storm runoff. Reports of flooded basements, minor mudslides and streets covered with a foot of water were common throughout Salt Lake and Davis counflood-retentio- n ties. The University of Utah was particularly hard hit as 1.6 inches of rain fell in about an hour and 1.3 inches of that amount fell in 20 minutes. Cars a common stalled in deep water occurrence during rainstorms in were reportdowntown Salt Lake ed on Medical Drive in the foothills by University Hospital. Four inches of water collected in the basement of the new chemistry building as the rain came through ventilation shafts, said U. of U. spokesman Ray Haeckel. Crews were Tribune Stoff Photo by Al Hartmorv Actors and theater personnel from Promised Valley Play- house, 132 S. State, clown around in an imaginary row boat moving equipment out of the way late Wednesday. There was so much water, they thought a line must have broken, but that was not the case, said Mr. Haeckel. U. of U. Police Chief Wayne Shepherd reported that 10 to 15 buildings had "lakes inside. Baliff Hall reported a power outage. Elsewhere, no large power outages were reported, although numerous small areas lost electricity service during the violent storm, according to a Utah Power & Light dispatcher. Several homes in Sugar House were threatened by floodwater, especially along Wilson (about 1750 South) and Harvard (about 1950 South) avenues near McClelland Street (1040 East) as the drainage from Red Butte and Emigration creeks inundated storm drains, according to a Salt Lake County Public Works official. Gificials set up a pump in one home. Authorities were calling for sandbags to protect homes in Rose Park. The Utah Highway Patrol reported 2100 South at 13000 West in Magna was covered by a mudslide 4 to 5 section of inches deep over a 50-fo- ot i I Street during wild rain storm that dropped more than an inch of rain in less than an hour in many areas. on State The storm rained out one of the the road, forcing officials to close the Magna exit from Interstate Summer League basketball games featuring Utah Jazz players at East High School when the rain flooded the gymnasium floor. The heaviest rain was reported in Tooele, Salt Lake and Davis counties, but the band of storm clouds that dumped all the water was moving Pro-A- 80 Wednesday night. Numerous rooks and a mudslide were blocking the roadway by Storm Mountain in Big Cottonwood Canyon, the UHP reported. Numerous manhole covers were blown off Salt Lake City streets by the water. One police officer reported a geyser about 2 feet high coming out of the street. The water hid some of the open manholes, which caught a number of motorists in minor traffic accidents. north from Davis County late Wednesday night. Rainfall started to pick up around Ogden about 10 p m.. officials said. In Davis County, a main thorough-See B-- Column 4 Fathers Gain Equal Standing Group: Custody Ruling Wipes Out Stereotypes By Paul Roily Tribune Staff Writer A children's rights group is hailing a "landmark Utah Supreme Court decision handed down this week that reverses past court attitudes automatically favoring the mother in child custody battles. "We believe the time has come to discontinue our support for the notion of gender-basepreferences in child custody cases, the court said in a unanimous decision written by Justice Christine Durham. "We feel this is a milestone for the rights of children in determining which parent they will live with and we think it will add impetus to our efforts to pass a joint custody bill in the state of Utah, said Evelyn Ward, chairman of Utah Parents for Childrens Rights. "The mother in the state of Utah can no longer be considered automatically the superior parent in custody cases, Ms. Ward added. The court, in upholding a 1984 district court decision from Davis County, disavowed earlier Supreme Court rulings that said, "all other things being equal, the child should be awarded to the mother. "A review of the cases . . shows that all other things are rarely ... d Steamed Vegetables Salt Lake City firefighters aim water at blaze that caused $200,000 damage to fruits, vegetables and a loading dock at Eavarino Produce Inc., 1031 S. West Temple, Wednesday about 9 a.m. No serious injuries were reported, but one firefighter was treated for smoke inhalation. A freon plosion in refrigeration units hampered firefighters ex- ef- forts. Angelo Ravarino, who has run the business for 27 years, said this wont close him down. (See story, B-2- .) . equal." Justice Durham wrote. Be sides the simple notion that both pv-ent- s have the right to be considered equally in the custody determination process, the justice said an automatic preference for the mother is in violation of sex discrimination provisions in the Utah Constitution, as well as the 14th amendment of the U.S. Constitution. "Several courts have declared the maternal preference rule unconstitutional, Justice Durham wrote. "As early as 1973, the New York Family Court . . . held that application (of that rule would deprive the father of his right to equal protection of tne law under the 14th Amendment. . . " She said that even without the constitutional considerations, the maternal preference rule "lacks validity because it is unnecessary and perpet uates outdated stereotypes. While both parents were found to be fit, the son in the di vorce case showed a preference for his father, while the son showed equal preference to both par ents. Second District Judge Douglas Cornaby split the custody, awarding the oldest boy to the father and the youngest to the mother. The mother See Column 4 B-- Protest Conditions at Prison Judge Gives Inmates a Day in Court By Russell Weeks Tribune Staff Writer A 3rd District Judge granted a motion Wednesday to consolidate several Inmates legal writs protesting living conditions at Utah State Prison. Judge Jay E. Banks scheduled a tentative date of Aug. 29 for a trial in which prison officials will be the defendants and some of Utah's most infamous criminals will be the plain- tiffs. He also took under advisement a motion to hold the trial at the prison. Nine inmates, including murderers William Andrews, Ronnie Lee Gardner, Elroy Tillman and Wesley Allen Tuttle, attended the 9 a m. hearing Wednesday. ; Judge Banks ordered his courthandroom locked after the nine shackled waists and with legs cuffed, entered the room chained together In groups of three They were watched by about 10 prison guards, six court bailiffs and seven Salt Lake County Sheriff s Office detectives The judge granted the motion to consolidate after hearing arguments trom Utah Assistant Attorney General Brent Burnett and lawyer Phillip Jones, who was appointed to represent the felons. The convicts have filed several writs of habeas corpus since February contending conditions in the prison's maximum-securit- y unit and the most restrictive medium-securit- y unit violate the inmates' constitutional rights. Mr. Jones said the inmates main complaint is the amount of time they must remain in their cells. At best, inmates who filed the writs leave their cells four hours a week and "when you're locked down in a cell that many hours a day, there's nothing to do, he added. That, and restrictions of inmates access to the prisons exercise yard, religious services, the library and "educational and cultural pursuits are cruel and unusual punishments, the inmates contend. They also are violations of inmates's rights of due process and equal access guaranteed by the ConstituG. tion. Mr. Burnett argued the writs should be consolidated because they address the same constitutional questions and the state's defense for each is the same. The state contends none of the conditions at the prison violates inmates rights and that the conditions are justified by the prison's legitimate needs. Sheriff's detectives and bailiffs roped off access to Judge Banks' court and checked reporters and spectators for weapons before the hearing. The inmates were brought from the prison to a tunnel in the Salt Lake County Jail that leads to 3rd District Court. Both measures were precautions against possible escape attempts by the inmates. Inside the courtroom, the detectives, Sheriff Hayward, the bailiffs and guards stood watch over the clutch of inmates, who sat in the jury box. Many had seen the prisoners before. Andrews was sentenced to death in for his part in the torture slayings the same year of three people in Ogden in wliat has become known as the i killings. Gardner was sentenced to death in 1985 for the murder of lawyer Michael Burdell during an April 2. 1985, escape attempt from 3rd District 1974 Hi-F- Court. Convicted murderers Ronnie Lee Card- ner, left, William Andrews and Wesley Al- - i v MAM AJLJt A,A JtJA Jk JUM. A j len Tuttle listen as judge combines their complaints against prison into one case. V A A. A ' A AAA' A. A, A .A- - jAA AX.-- . At A A A A AAA AA aA.A |