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MINUTES OF THE

NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT

INTERIM COMMITTEE

Wednesday, November 18, 1998 - 9:00 a.m. - Room 303 State Capitol



Members Present:
    Sen. Alarik Myrin, Cochair
    Rep. Bradley T. Johnson, Cochair
    Sen. R. Mont Evans
    Sen. Joseph L. Hull
    Rep. Eli H. Anderson
    Rep. Craig W. Buttars
    Rep. Beverly A. Evans
    Rep. Tom Hatch
    Rep. Dennis H. Iverson
    Rep. Evan L. Olsen
    Rep. Michael R. Styler
    Rep. Jordan Tanner
    Rep. Daniel H. Tuttle
    Rep. Bill Wright


Members Excused:
    Sen. Craig A. Peterson
    Rep. Melvin R. Brown
    Rep. Mary Carlson

Staff Present:
    Ms. Constance C. Steffen,
        Research Analyst
    Ms. Jeanenne B. Larson,
        Associate General Counsel
    Ms. Joy L. Miller,
        Secretary


     Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.


1.    Committee Business - Chairman Myrin called the meeting to order at 9:10 a.m. Ms. Kathy Clarke, Department of Natural Resources, introduced new members of the department. They are Mr. Marty Ott, Mr. Sherman Hoskins, and Mr. Darin Bird.
    
    MOTION: Rep. Buttars moved to approve the minutes of October 21, 1998. The motion passed unanimously. Sen. Evans and Reps. Olsen and Wright were absent for the vote.

2.    Central Utah Project Mitigation - Mr. Don Christiansen explained that it took years of negotiating and compromising to develop the Central Utah Project Completion Act. The legislation adopted in 1992 requires that mitigation and water project construction coincide. It also created the Utah Reclamation Mitigation and Conservation Commission which was to take the responsibility from the Bureau of Reclamation for ensuring that all mitigation is done.

    Mr. Christiansen explained that in the early 1980s concerns were raised about the impact the project was having on streams, especially streams in the Uintah Basin under the Strawberry collection system. A review of the areas in question indicated that the damage was real and a plan should be established to mitigate for the damages to the fisheries. Governor Scott Matheson formed the Interagency Biological Assessment Team to develop a resolution to the problem. It

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.


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