BLM R2-477 Road Witnesses

Bobbie Bicknell Coray, Reporter

Rich Civic Times

RANDOLPH, Utah.  December 4, 2019.  Roger Fairbanks, Assistant Attorney General, reported on Utah Public Lands Road Depositions. The long running road litigation of R2-477 includes Rich County.  The case involves Bureau of Land Management (BLM) and 300 roads on their land.  Utah has witness testimony showing that these roads were used before 1976 for most of roads on BLM lands.  They need two or three witnesses for each road.

The bell weather case includes 16 roads in Kane County.  Those roads are selected to be representative of state wide roads.  The courts will establish rules for road designation for all other roads.  Judge Waddops will preside. The federal government takes the position that the roads R2-477 that are used by ranchers are not considered public roads and it is hoped that Judge Waddops will rule on that. The Commissioners felt Judge Waddops is more in tune with Ranchers and miners.  

The 300 Utah disputed roads were picked by commissioners of each county to save as public roads.  Ranchers, recreational users and farmers use these roads.  The BLM wants to close the roads for resource protection or protection from damage to artifacts or historical sites.  Now these are roads that the county has maintained and the rights of way were given to the county.  R2- 477 was in force until 1976 and allowed roads to be built, and considered them public roads.  The BLM grandfathered all existing roads built up to 1976.  Then it was repealed.  So now the county has to prove that these roads were public and that is what the witnesses are for.  The more witness testimony the better chance that the roads will be considered as public roads and left open.

There will be a Special Master committee to decide which roads can be designated RS 2-477 roads.

Southern Utah Wilderness Association, SUWA, a conservation advocate group, has had their participation cut back.  SUWA appealed at the Tenth Circuit and the case was denied.

The Attorney General said that if it can be shown that there has been long term public use on a road the county can save the road.  They are planning on doing 10 more depositions in April and May. Commissioner Bill Cox said of the 15 prospective witnesses there are two who are very ill and need to be contacted immediately.

Fairbanks will bring big maps and highlight the roads that have been used as public roads from 1966 to 1976.  So they want people over 60 now, who have personal knowledge of the area.