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Show I UINTAH BASIN STANDARD. January 21. 1998- - Pace 3 Ute Tribes sovereign immunity SUPREME COURT Continued from page EMERGENCY-EM- TS rush Russell Pickup into the Uintah Basin Medical Center following an industrial accident. Pickup, who was buried under 60,(XXJ pounds of tubing, has made a miraculous recovery. Miracle man baffles doctors by waking up tubing with a cable. By Chetyl Mecham Russell Pickup, a 36 year old Ioka man involved in an oil field accident on Tuesday, Jan. 20, has been proclaimed a miracle man" when he suddenly woke up after doctors predicted he'd be comatose for years. Pickup was at a Barrett Oil location west of Ncola about 4:30 p.m. when the wooden platform or seal" ' he was standingon collapsed, throwing him offbalance and down about six feet into the cellar near a well head, explained his wife, Lisa. About 60,000 pounds of tubing, which crews had been stacking, fell on top of him. Pickup - who is employed as a fishing tool supervisor for Weatherford - was trapped for approximately 4 minutes without oxygen under the crushing weight. The workover crew stabilized the loose 1 have taken steps to correct that and we don't expect to see it again, said Aycock. The audit was in pretty good shape, in fact itwas betteri han most governmental audiU.'1. Ayoockatrijltrfithrf uf oaiuusd : tothehiringofacontrollcrbytheAOG to oversee finances, and tightened internal control systems which call for better oversight of all departments. Further more, UBAOG Executive Director Curtis Dastrup says there isnt one spending measure that goes by him without Nothinggets spent unless I know about it I don't approve anything unless I have all the necessary documents, Dastrup stated. The UBAOG is responsible for administering approximately $3 million in state and federal funds earmarked for projects such as housing rehabilitation, aging programs and economic development. WATER rehabilitation and brain damage, said Lisa, adding that 20 minutes after she received the news her husband came out of his coma. He was up and walking the following day. Pickup sustained a broken cheek bone, broken orbit bone in his eye, and a couple of broken ribs, but his wife says hes hardly even bruised. He was released from the hospital last Thursday, less than two days after the mishap and back at his Ioka home the same day. entertainment. Feb. 4 activities include a continental breakfast at 8:30 a.m., followed by workshops at 9 a.m. Workshop discussions include safe driving water act, Stewart Lake, sewer treat ment plant; the 10 a.m. workshop discussion will focus on the yFork Emergency Watershed Project. At 11 a.m. fhe.dosinggeneral session topic will bd Uintah Basin Water'Quauty Management Plan, presented by Jim Christensen, Division ofWater Quality and Sue Wight, Dinosaurland RC&D. Suzanne Flory, Division ofWater Resources, will conduct a Water Fair" at Discovery Elementary School, involving over 400 fifth grade students. There will be a free tour of the Dinosaur National Monument, Utah Field House and Dinosaur Gardens and other points of interest on Tuesday afternoon, Feb. 3 from 1:30 p.m. to 4:30 p.m. Water Conference official need to have registrations by Jan. 28, so arrangements can be made for meals. Registrations can be mailed to Vernal Area Chamber of Commerce, 134West Main, Vernal, Utah 84078. For more information call 789-135- CONFERENCE Continued from page oxygen. Pickup was transported by ambulance to the Uintah Basin Medical Center and then was flown by airplane to LDS Hospital. The doctors said that he was in a deep coma and that if he ever came out of it hed have months of Aycock, Water & Power Committee Chairman. A dinner will be held with UBAOG Continued from page Frank Hardinger, a hot oiler on location climbed down into the cellar with the injured man and administered 1 FOREST ROADS vision ofWater Resources Director. His subject will be: The Challenge at Continued from page 1 Glen Canyon-ItHistory and Future". General sessions will be held Feb. seven western states. Certain aspects 3 and they are as follows: Red Wash of roads negatively affect 70 percent of Iskey wildlife species in this area. Dam, Tyzack Aqueduct Reach III, land ditch pipeline, 2:15 p.m.; Leota Presently, 33 million acres of the Bench, Sadlier Draw Dam, Duchesne National Forest System are roadless County Conservancy District, Ashley but allow future roads. Of those 33 Creek, 3:20 p.m.; Duchesne County million acres, 9 million are defined as suitable for timber harvest and Project CUP activity, 4:10 p.m. A social will be held at 6 p.m. on therefore more likely to be roaded. Dombeck pointed out, We cannot Feb. 3 and will be followed by the welwith afford to manage our existing road session at6:30p.m. evening come and opening remarks by Ken system and are essentially proposing B 1 a chance to find out what the State of Utah had to say about efforts to have the high court review the case again. The Attorney Generals office then submitted a brief stating that the state favors negotiation with the tribe when it comes to issues which arise from mixed jurisdiction in Duchesne County and west Uintah County. Duchesne andUintah counties filed for the rehearing in September 1997 on the Rounds that a 10th Circuit Court ofAppeals ruling misconstrued the Supreme Courts intention in 1994 to erase the exterior boundaries of the original Uintah Valley Reservation. In their decision released last spring, the Appeals Court removed homestead land from within the reservation, but declared the original reservation boundaries remained intact. The 10th Circuit Court rulinggave the Ute Tribe jurisdiction over about 50 percent of Duchesne County and portions of west Uintah County. status argued in federal court week to argue whether the Ute Tribe is protected under the cloak of sovereign immunity in a case involving water rights. In April 1995, UDC filed a lawsuit in U.S. District Court in an attempt to establish their claim to water rights for mixed blood Utes By Lezlee E. Whiting Attorneys for the Ute Indian Tribe and Ute Distribution Corporation, the agency which represents mixed blood Ute Indians, appeared before federal judges in Denver last Utahs Counties review property tax options Leadcrs representing Utah's 29 counties recognize that the legislative session beginning today may go down in history as the property tax session. A myriad of bills dealing with property taxes, including one proposal by Sen. Robert MontgomOgden) to eliminate ery the uniform and equal provision of Utahs property tax laws, are on the table. Property taxes are the moat hated taxes there are, Sen. Howard told the Stephenson Continued from page 1 Legislative Committee of the Utah Association of Counties. Sen. against her (Sheila), now I know they Stephenson is formulating his own were unfounded ...butthe mother was plan to cap taxes on primary resiprepared to take them back. dences. We support his concept, Taveapont went on to explain, says Summit County CommissionSince the agreement between the er Sheldon Richins, President of the tribe and the state, the idea is to place Utah Association of Counties. our children in Indian foster homes, and there are new requirements to There is great interest in providing homes. In put them in property tax bills to predictable addition they will be required to com- homeowners, especially the elderly in cultural plete training sensitivity to Indian children. We dont want our and those on fixed incomes." Sen. Stephenson says his bill will children placed where there is no renot be a tax limitation measure, but gard to our cultureor language orwhat it would freeze the value of a primathey had before." 144 children ry residence to the date of purchase. Currently there are in the Uintah Basin in state custody This means families could budget and of those 76 are Native American, for property taxes," says President said Ann Cheves, Eastern Region D- Richins. The only time a home irector of the Division of Child Family would be reappraised is when it Services. Cheves says that because of sells. I think we need further analthere is such a large percent ofNative ysis on this issue, but my feeling is American children placed in foster the Senator is on the right track." care the state has been working to As with most property tax revidevelop a comprehensive program of sions, Sen. Stephensons proposal social services within the Ute Tribe. would take a constitutional amendThe Indian Welfare Plan was ment and approval by the voters signed by Gov. Leavitt and the Ute before going into affect. Tribe Business Committee last Septax is the In Utah the tember to provide a system of thera- main source of property income for school homes workers case for and Ute pists, foster children and to develop services of family preservation, to intercede and provide help much earlier under the Wild and Scenic Rivers Act; in a troubled home so children don't and have to be placed in foster care. Roadless or very low road density Cheves said the state will fund the areas designated for inclusion by Reprogram and will provide counseling gional. Foresters, because! of their and a' networking system to other unique ecological or social values such programs - from something as simple as those areas inventoried through as employment and homemaking the Southern Appalachian Ecosystem counseling or substance abuse ana Assessment. mental health - all of which can cause Forest that have had their plans a family to lose its equilibrium. recently revised and those that were The program will be state funded, recently amended by the Presidents and will be implemented within a few Forest Plan for the Pacific Northwest months. would be exempted from the interim proposal. For revised forest plans that are still under public appeal, road a time out on road building in roadless construction in roadless areas will be areas until we can engage Congress addressed within the appeals period, and the American people in a conas appropriate. and where about structive dialogue These forests have recently comwhen new roads should be built in pubpleted an extensive, multi-yea- r National Forests. so it is important The interim roadless proposal will lic planning process to people that we retain the integrity be in the Federal Reg to public comment Tor 30 days. The ofthe planningandappeals processes," 'thulexist- - Dombeck said. We anticipate that road policy will Once effec-ilac- e the final long-terlaws. environment ing all forests. to apply in would remain tive, the policy Dombeck added, These proposals for 18 months or until improved anaare sure to cause a great deal of debate, lytical tools are developed to make but prudence and sound stewardship more informed decisions about buildus to take a cautious approach require roadless roads in areas, ing future to road construction and management whichever is earlier. The interim proposed policy would Our objective is to make scientifically publicly supported decisions apply to about 130 National Forests based, meet the changing needs of best that have: that Roadless areas inventoried and the American people while protecting identified within their Land and Re- our rich forest legacy. Individuals or organizations seeksource Management Plans (forest more information should contact ing plans); Solomon, Ecosystem ManageRhey acres over Roadless areas 1,000 Coordination Staff, that are adjacent to other roadless ment USDA Forest Service, 14th and areas of 5,000 acres or larger, congres-sionall- y or designated wilderness, or Independence, Washington, DC, fs.fed.us. email: roadawo classified as corridors river" wild th FOSTER CARE non-Indii- m m Celebrate With Us Friday & districts, municipal governments, county governments and special service districts such as mosquito abatement, recreation, water and sewerage improvement. We must never forget that property taxes pay for many, many essential local government services and the majority of public education in our State," says Pres. Richins. Fine tuning it could be easier said than done. The UAC Legislative Committee will hear next week from Sen. Montgomery who will explain his property tax proposal. While taxes are always a hot button issue for residents and local officials, there are many other issues which concern Utahs county officials. Among them: Amendments to the Collection of Motor Vehicle Fees. Amendments to the laws providing for Special Service Districts Creation of a state Elections FAMILY is Now Hiring! Maternity Benefits Life Retirement 401K Plan with Employer Participation $6.50 per Hour after Training Commissions Potential Hour $10 per A.M.-E- Si Insurance toll-fre- e, January 30 A 31st. Saturday, Come Join Our Family! Call S01722564 ask tor Gina) or Call and ask lor Liz fjbl Service at 801722-6500 R COPY Party FavorsvJ Stuffed Animals Cards Shifts Available I GIFTS FOR ALV.OCCASIONS Gifts Gags & Gimmicls Open 1 N. Main - Roosevelt - 20 Year Round Shooting Stations Events Happening All Summer For More Information 646-319- Call: 4 Rock, Wildlife Section office techni- cian with the Division of Wildlife Resources. The hunt on the West Desert, Vernon unit began Dec. 26 because the management objective of taking five cougars from the unit had been Itliet, said, Ldslie Rock; Wildlife Section office technician with the Division of Wildlife Resources. The hunt on the West Desert, Vernon unit began Dec. 17. The unit lies within Tooele, Juab and Millard counties, in west-centrUtah. Hunters who have a permit to hunt in the West Desert, Vernon unit, but havent taken a cougar yet, may still participate in a harvest objective management unit hunt by exchanging their permit for one to hunt a different unit. Seventeen cougar harvest objective management units remain open to hunting. Permit exchanges must be made at Division offices in Ogden, Salt Lake City, Springville, Vernal, Price or Cedar City. A $5 handling fee is charged for each exchange and the permit is not valid until the day after the exchange is made. Before each hunting trip hunters must call (5466) to verify their cougar harvest objective management unit is still open to hunting. The phone line is updated by 8 p.m. daily. The telephone line also provides hunters with information about the number of cougars that may still be taken from harvest objective management units that are open to . . Balloon Bouquets Novelties sdrawIng for Jewelry f Gin basket and V OTHER GREAT Toys Medical Insurance DentalOrthodontal Insurance Vision Insurance VaUe y CUys The cougar hunt on the West Desert, Vernon harvest objective management unit closed Dec. 25, making it the first ofUtahs harvest objective management units to close to hunting during the 1997-9- 8 Utah cougar season. The hunt was closed the evening of Dec. 26 because the management objective oftaking five cougars from the unit had been met, said Leslie YJDURIPARTY HEADQUARTERS, Available PIeasant Cougar hunt closed on West Desert OF GIFT'S GAG'S & GIMMICKS Benefits ENTERTAINMENT such as oil and gas resources and fishing and hunting rights. UDC contends that water rights are also assets included in the in which they share with enrolled tribal members. Last summer tribal attorneys argued in federal court in Salt Lake City that the court lacked jurisdiction in the water case on the grounds of sovereign immunity. Judge David K. Winder ruled against the sovereign immunity defense and at the same time sent the case to the U.S. Solicitor General to determine whether water is considered a divisible asset. The tribe appealed Judge Winder's decision on the sovereign immunity issue to the 10th Circuit Court ofAppeals. It's unknown when the Appeals Court will issue their ruling. The U.S. Solicitor General's office has yet to release their findings on whether or not the mixed bloods may legally share in the tribe's water rights. Commission Special District Elections Elimination of Voting Rights for Convicted Felons Grand Opening Full whose names were stricken from tribal rolls in 1954: As part of the Ute Tenninat ion Act these individuals were given their share of divisible assets such as money and land, along with 27 percent of net proceeds from assets" 722-834- 4 NOTHING ON YARTH COULD. V COMEBfTvyEN tREM.I . if Sav CJ. X rmaassnsiMK iw NMMlKWUMMHIMWeiiaiaBI One Show only 7:30 Double Feature Spice World One Show Only 7:30 p.m. AND For Richer or Poorer "PG-13- " One Show Only 9:05 p.m. Wag the Dog Dustin Hoffman Robert DeNiro "R" One Show Only 7:30 p.m. iSo Show Sunday. MOVIE IxFOMArroK Call ISS-ZC- IS |