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Show ai rK'n : UTAH FV1. 0 -; !.-- uot u. Alr UKE CiTV .'-T'atx- p on ul UT !4J01 J Serving the residents of Duchesne and Western Uintah Counties Right attitude helps youth overcome brain Injury Uintah Basin Union wrestlers beat Mountain Crest 4--A i i D page 14 Tuesday, January 30, 1996 BooMvsk, Utah 63rd Year No. 5 16 Pages 50 MIXED-BLOOD- S page 11 Suspect In autohomidde surrenders without Incident i paga 3 FILE WATER RIGHT SUIT Ute officials: Mixed bloods have no claim to water By Anne Colton Attorneys representing various mixed blood factions have filed federal court papers and other documents to ensure their clients have a voice when it comes to any decisions regarding water rights, or water-relate- d projects for the Ute Indian Tribe. Earlier this month the governing tribal Business Committee approved a resolution to oppose and counter any and all efforts by the mixed-blooto.. .assert ownership of tribal lands, water, wildlife, minerals or money. In 1954 490 mixed-bloo- d Utes were terminated from membership in the tribe as part of the Ute Termination Act Through the subsequent Partition Act thty were provided with their share of divisible tribal assets such as money and land, and also with 27 percent of the net proceeds not susceptible to equitable or practicable distribution. While oil and gas resources, along with hunting and fishing rights have Dora Van, president of Affiliated Ute Citizens, not only maintains that mixed-bloohave legal water rights, but also believes the Ute Tribe is operating outside of federal law by not including mixed-blood- s in water discussions. She claims that under Public Law 671 (the Termination Act of 1954) Aflliated Ute Citizens was established to with the Business Committee the jointly held assets ofthe tribe, including water and water rights. Van contends the Business Committee cannot make any derisions relating to those assets SEE MIXED BLOODS on page 3 ds ENJOYING THE BALL Taking a moment to relax and enjoy the floor show during the Duchesne County Centennial Ball sic (left to right): Maxine and Leonard Ferguson, Phyliss Oberhansly, Grade and Hollis Hullinger, and Ellen Rawlings. SUSPECTS WILL STILL BE PROSECUTED Judge grants defense motion for suppression in drug case By Lezlee E. Whiting Prosecutors wont be able to use any of the evidence adzed in a May 24, 1995 Uintah Badn Narcotics Strike Force drug bust at a Roosevelt motel room in thrir felony case against two Wasatch Front residents. But police say even without the evidence the case against Kaylene Neve, 29, of West Valley City and David Edwards, 35, of Salt Lake City is still strong enough to go to trial. Eighth District Court judge Lynn Payne granted the motion made by defense attorneys ruling that evidence obtained by police during a warrantless search of the couples motel room to be inadmissible at their upcoming trial. -- ANIMALCONTRQL HOURSJNCREASED City to overhaul old animal control laws unlesa the animal is sprayed or neutered and then it is $5. Fines for dogs picked up by the animal control officer and impounded SEE ANIMAL on page 3 By Lezlee E. Whiting Hie Roosevelt City council will soon be overhauling an ordinance which has apparently been on the books forever. Even though the city's animal control ordinance has been around for a long Want to register a complaint? time ifs came to the attention of city officials that Then doggone it do it right! many pet owners are Authorities say part of the problem hambreaking the law, and may animal control efforts in Roosevelt is pering not even be aware of it who have a complaint often dont that people For instance, it is go about airing their grievance in a timely animal the citys against manner and to the correct authorities. control ordinance for a dog Complaints which run the gamut from to be off its leash anytime dogs at night to roaming dogs runharking it isnt confined in a fenced through yards (with an occasional stop) area. The law also requires ning and even aggressive attacks by dogs - should that dogowners have their all be reported to central dispatch opera tors as pet licensed if they live soon as occur. It also helps significantly within the city limits. An if the they person calling in provides as much of information estimated three-fourtas possible about the description dog owners in Roosevelt of the animal or animals involved. Dispatch dont have their animals will relay the message to animal licensed. And anyone who operators control officer Barbara Price. has more than three dogs Often leaders and Price hear about must obtain a kennel li- animal-relate- d city complaints from citizens sevcense from the city to be eral after the incident occurred, usually days the law. within s too late to act. Hie problem of roam- - by then if ROOSEVELT ANIMAL CONTROL 419 Animal Impounded J 995 EUTHANIZED Laimed ETED (; In RANTI 1995 24 reported to thtfolice typically Police had charged the couple with several felony counts of drug distribution, possession, and arranging for distribution. Due to the recent ruling the only charges which police will now be able to pursue is a first degree felony count ofdistribution of cocaine against Neve and a second degree felony count of arranging for distribution of marijuana against both Neve and Edwards. Inside the motel room police found several guns, dips of ammunition, $1,000 in cash, cocaine, and 18 baggies of marijuana. The drugs hadan approximate street value of $3,000. In his decision Payne found that law enforcement officers did not have sufficient exigent" or emergency circumstances required by law to enter the motel room without first obtaining a search warrant He took the motion under advisement for over a month before issueing a decision. Prosecutors had argued that police were within their legal rights to carry out the arrests by going into the couples motel room Mowing an alleged drug sale to a confidential informant because it would have taken about four hours to obtain a search warrant - time they contended they didn't have due to the exigent ne been identified as nondivisible assets, mixed-blood- s also maintain water rights are included in that group. Kent Higgins, an Idaho Falls attorney retained by a group of mixed-bloo- d Utes,' says the Termination Act clearly says water rights of mixed-bloowere preserved. Higgins has filed a request for mediation of the terminated Utes water rights to the Acting Committee mi Indian Water Rights in Washington, D.C. The effort is an attempt to mediate rather than litigate the issue, says Higgins. The Department of Interior recwater right. ognizee the mixed-blood- s Even though they haven't been addressed, they do exist. Roosevelt City issues statement to merchants on taxation issue By Lezlee E. Whiting The Roosevelt City Council has sent a letter to area merchants who signed a petition calling for the city to back offefforts to get the State Tax Commission to lift their sales tax "there is nothing pendng Police feared the suspects would leave the area at any time, and were before judge Jenkins regardalso concerned about the safety of old daughter who was Neves ing Roosevelt City in the room with weapons and drugs. Roosevelt City attorneys Huy were also wanied .about the to for to continue drugs potential make their way onto the streets due to the brisk business they alleged exemption fire enrolled Ute Tribe Neve and Edwards were doing from members. Intheir letter the city crititheir rented room. cized merchants for acting ina hasty In his ruling, judge Payne wrote manner and drawing inaccurate that officers had control of the situ- conclusions in taking their stand on ation and could hove stopped any- the issue. one trying to enter or leave foe motel Local business owners signed the room. petition to show that they formally He questioned whether the child support the State Tax Commissions was harmed by what was going on position not to reinstate the sales inside the room because Miss Neve tax on Ute Indian Tribal members in was apparently in the business of any part of the Uintah Basin until distributing controlled substances; (federal court) judge Bruce Jenkins therefore, such transactions may not has issued a clear ruling and other have been unusiAl or disturbing to extenuating circumstances are rethe young child. solved. They also said they feel any Thejudge further wrote thatwhile change in the current system could the safety of the officers and others seriously jeopardize the local was a legitimate concern - due to the economy and harm good relations knowledge that the suspects were which have developed between the armed - the police nevertheless community and tribal members. failed to convince the court that they At the advice of their attorneys would have been at a greater risk ff Roosevelt has taken the position that a warrant was obtained. there is nothing pending before Both the court and defense attor- - judge Jenkins regarding Roosevelt because the U.S. Supreme SEE JUDGE on page 3 City, Court ruling in the Hagen case made ar Roosevelt. Recently an elderly administrator. Currently license are $10, it dear that the city is not within the jurisdiction of the Ute Tribe, the letter states. Even Ute Tribe officials and their attorneys have gone on record in agreement of that assessment. Because they feel the issue of jurisdiction has been defined for Roosevelt, city leaders told merchants they feel that continuing to exempt a particular group of people from paying sales tax for purchases made off the reservation contradicts what is legal and moral. The city loses an estimated $100,000 a year in sales taxes due to the exemption for tribal members. It is our united opinion that the great nugority of our citizens, whom we are elected to represent, feel WHAT County area cattle producers discuss foe feasibility of operating a large feed lot and meat process plant The key to success, they were told, is finding just the right market for foe beef. ' strongly that we need to conduct our business consistent with the laws of this great state, they wrote in the letter. Charlotte Zufelt, association president, said although tribal members will undoubtedly have to pay sales tax again at some point in the future, the merchants argument is why stir the waters? We would like to see the state maintain control of when they will enact this. Enrolled UteTribe members have been exempt from paying sales taxes within the exterior boundaries of the reservation which include all of Duchesne County and the west aide of Uintah County for about the past 10 years, due to a 10th Circuit Court of Appeals ruling. CUP STATUS TO BE DISCUSSED Conference set for February 6 7 U.B. Water Hie 8th annual Basin Water Conference is set fire 6 & 7 of February at Western Park in Vernal. The conference is open to the pubjic and is sponsored by the Vernal Area Chamber of Commerce and its Water & Power Committee, Kenneth Ay cock, chairman. This yean conference will consist of eight workshops on the Mowing water information subjects: 1. Central Utah Project update and the Conservation funds. 2. The Salinity program. ..alive or dead? 3. Rehabilitating Ashley creek. 4. Whats new in drinking water. 5. The Basin water quality management plan. 6. The Colorado River: todays prob7. lems, tomorrows challenges. How? Where? Why? Water e: 8. Improving pastures and irrigation. The conference will start at 12 noon on Feb. 6 with the Vernal Area Chamber of Commerce representatives Dr. George Emert, president of Utah State University as the featured speakers. The opening general session will feature Ted Stewart, Director of the Department of Natural Resources, Stewart will give a Colorado River Marketing update and information from the State Growth Summit. The speaker at the evening session and dinner will be William Rob re-us- esne fees IT-T- eny CITY LOSES $100,000 A YEAR TO EXEMPTION ing dogs is becoming an increasingly serious and frequent problem in woman who had been bitten by a dog began a aeries of rabies shots. A number of other attacks by roaming dogs have been reported as well. City leaders fed its time to revise the current law to indude stiffer penalties fire violators. They have also authorized an immediate increase in hours for animal control officer Barbara Price from 20 hours to 30 hours per week. While stiffer fines may soon be in order, tity officials may not raise licensing costs. We dont want to make it so families cant afford pets, but the fee fire violators should be higher, stated Brad Hancock, city SNOW AND LOTS OF Merrell is one of the lucky ones who gets to ride as he clears snow from foe parking lot of his business. On Thursday, Jan. 2S about 1 1 inches of snow tell. Over the weekend an estimated two to three inches more fell in foe Roosevelt area. ert McConkie, attorney for theUnited States Department of the Interior, he will address water rights and water law. The closing session on Wednesday will feature a presentation by Denver, Colo, resident Tom Pitts, the Upper Basin Water Users Representative. Besides all thfe Mrs. Virginia Jensen from the Division of Water Resources will conductaWaterFair a Discovery Elementary for over four hundred fifth grade students, on Feb. 7 - parents invited. The Chambers Golden Shovel Award will be presented to four individuals in the basin who have served their communities in water matters. Those who will be honored are: John Tinker, Dagget County; Colton McKeachnie, Uintah County; Kenneth Claybum and LaMar Wilson, Duchesne County. It is important to to attend the lunch or dinner and this can be done by contacting the Vernal Area Chamber office 134, West Main, pre-regist- ire 789-135- er fire the workshops and general sessions is not necessary. This conference has been planned in keeping with the fine traditions of the seven previous conferences, and will provide worthwhile information to basin residents on important water subjects. |