was determined that there were over 200 miles of stream affected in the Uintah Basin. Minimum
stream flows would be placed in some of the more predominant streams. Fisherman access
would also be required in certain areas. He stated that the team determined that fisherman access
would need to be acquired along 51 miles of streams, and, to date, approximately 43 miles of
access have been acquired. Mr. Christiansen showed a slide presentation of the areas in question.
He said they have acquired the properties without entering into condemnation. They prefer to
negotiate easements rather than use condemnation. If property is condemned, it would be under
the authority of the Bureau of Reclamation.
Mr. Michael Weland, Utah Reclamation Mitigation and Conservation Commission,
reviewed the instream flows of the Strawberry Aqueduct and Collections System. He said that
efforts were made to put the instream flows into the areas most effected. He reviewed the areas
established for angler access. There are still small sections along the Duchesne River, Currant
Creek, and the Strawberry River that need to be acquired.
Mr. Christiansen pointed out that the commission sunsets 20 years after the Secretary of
Interior declares the Central Utah Project substantially complete. All of the assets, money, and
control will then revert to the Division of Wildlife Resources.
3. Proposal to Document and Map R.S. 2477 Rights-of-way and Associated Structures - Mr. Mark Walsh, Utah Association of Counties, explained that in 1866 Congress gave a grant of right-of-way across public lands that were not reserved for other uses. That grant stayed as
part of the federal statutes until 1976 when the Federal Land Policy Management Act (FLPMA)
repealed about 2500 federal land laws. FLPMA required the Bureau of Land Management to
begin a wilderness inventory. Mr. Walsh distributed information on how Congress has defined
wilderness. Part of the definition states that the area must have at least 5,000 acres and be
roadless. He said one of the problems the state has been facing is that there are a number of
proposals being made for wilderness designation which are not roadless.
Commissioner Bill Redd, San Juan County Commission, described a project to
photograph and map R.S. 2477 rights-of-way in the county. To date, San Juan County has spent
$50,000, part of which has been used to purchase equipment. Mr. Redd indicated that
environmental advocates assert that the county's use of the land is ruining the land and that
grazing is ruining riparian areas. He showed pictures of areas photographed decades ago and
compared them to recent photos. The vegetation of the land in these areas has noticeably
improved. He stated that good scientific management of the land should be done.
Commissioner Lana Moon, Millard County Commission, stated Millard County has over
1,800 R.S. 2477 rights-of-way amounting to 4,600 miles of roads She said there are potentially
22 counties affected by wilderness designation. Some of the smaller counties will need more
help with the mapping project than others.
Mr. Dennis Gorham, Automated Geographic Reference Center, explained that H.B. 6
enacted in the Special Session in 1993 required them to create a database showing geographic
features that could qualify as R.S. 2477 rights-of-way; however, no funding was provided. He
said they have been working with the Utah Association of Counties and individual counties to
use the best existing map data to identify the R.S. 2477 rights-of-way.
Mr. Fee Busby, Utah State University, said the job of the university is to coordinate and
provide information so that people can make more informed decisions. The university hopes to
use remote sensing technology to save time and money in mapping R.S. 2477 rights-of-way. He
requested that funding be set aside for counties once an agreement has been decided on by the
county and the university. They are proposing to look at four counties during the first period of
time. A reasonable cost estimate per county is $80,000. Mr. Busby stated the university would
request funding for a full-time technical person In addition to the full-time employee, they
propose to use a graduate student assigned to each of the four counties. The proposal would
require approximately $180,000.
Ms. Margaret Bird, State Office of Education, urged the committee to support the
proposal. She said access to school and institutional trust lands is essential. Without access
there will be a tremendous drop in revenue from mineral development and mineral leases.
Robert Steele, Commissioner-elect of Juab County, said he has seen many areas where
roads have been closed or access denied because the lands are part of a wilderness study area.
He expressed his full support of the proposal.
MOTION: Rep. Tanner moved to support the concept of mapping and documenting R.S. 2477 rights-of-ways and associated structures and the appropriation of funds to accomplish
the work. He also moved to have the chair write a letter to the chair of the Legislative
Management Committee and Executive Appropriations Committee expressing support of the
concept. The motion passed unanimously. Sen. Evans and Reps. Olsen and Wright were absent
for the vote.
4. Progress Report of Fish Health Policy Board - Ms. Kathy Clarke, Department of Natural Resources, explained that last year the Legislature created the Fish Health Policy Board
in an effort to bridge gaps between the Department of Agriculture and Food, Department of
Natural Resources, and the Division of Wildlife Resources concerning fish health management.
Mr. Mike Marshall, Department of Agriculture and Food, noted that in the past there was
a two board system which was difficult to work with. The new policy board has worked very
well together and they have made a lot of progress toward better fish health programs.
Ms. Joanna Endter-Wada, Chair, Fish Health Policy Board, distributed a progress report
of the board. The board has approved several policies and procedures for the timely reporting of
pathogens, emergency response, and the classification of pathogens. The board had its first test
case of the new procedures with the report last week of a whirling disease incident. She said the
board will take actions to monitor and slow the spread of whirling disease and will address other
disease concerns. Ms. Endter-Wada indicated the board has dealt with issues related to its
functions and its relationship with the Department of Agriculture and Food and the Division of
Wildlife Resources. Several substantive issues have also been raised in the board's discussions.
She briefly reviewed the costs involved in the board's program and actions the board mandates.
Mr. John Kimball, Division of Wildlife Resources, said the division recognizes there are
some demands and costs that still need to be addressed. Mr. Kimball noted whirling disease was
found in the Kamas area in Beaver Creek. He said they are in the process of rebuilding the
Kamas hatchery, partly to address the concerns for whirling disease.
Mr. Paul Dremann, Trout Unlimited, said he is pleased with how the parties are working
together and expressed his support for the funding requests.
Ms. Esther Williams, Trophy Fish Ranch, stated they export between 260,000 - 280,000
pounds of live catchable size rainbow trout for sport fishing. For them, fish health is a vital
concern. She commended the board for its efforts.
5. Other Business -
MOTION: Rep. Johnson moved to thank Sen. Myrin for all his efforts and wish him well in his endeavors. The motion passed unanimously. Sen. Hull and Rep. Olsen were absent
during the vote.
MOTION: Rep. Iverson moved to adjourn the meeting at 11:30 a.m. The motion passed unanimously.