There is a cooperative effort being made by all the parties involved to reach an agreement over the washes in Southern Utah. There are strong feelings, but everyone is talking. How will the issue be handled, and what will happen with the future segments of the road still remains to be dealt with.
Archives for June 2011
The discussion rejoins to talk about the possible expansion of authority over the waters of the United States from a definition in the Clean Water Act of 1972 that accounts for the navigable waters of the United States. How far up the river does the corp.’s Authority extend, and how is that established?
Tom Mitchell, council for the Utah state school and institutional trust lands administration, Jason Gipson with the Army Corp. of Engineers and Dean Cox the Washington County Administrator join Terry Wood to talk about the questions that have come out of Southern Utah over who has permitting authority over the washes in Southern Utah . The discussion goes into detail of what the corps. job is as a permitting authority, the concerns of the county over the possibility of the corp. establishing authority over washes in Southern Utah, and the crux of the problem being who should manage the permitting, federal or state government.
Terry Wood steps in for Chad Booth on this week’s episode as we ask the question, “who has jurisdiction over the washes in Southern Utah.” Susan Wood collects the background story on the new southern parkway that takes people from I15 to the new St. George Airport. The road is done, but there are some questions as to whether UDOT secured all of the proper permits. The Army Corp. of Engineers has asserted jurisdictional authority over some of the washes that the new road crosses. The question is whether they have that authority under the clean water act.
Jared Eldridge, the Juab County attorney, Darcy Goddard, the legal director for the ACLU of Utah, and Richard Mauro is on the Supreme Court task force on indigent defense join Chad Booth at the round table to discuss the challenges that indigent defense creates for the counties. Major issues that present themselves include: having a pool of lawyers that are properly qualified to provide indigent defense (especially in rural Utah). Utah is also one of only two states that doesn’t provide any state funding to indigent defense.