Group offers opinion on Washington County land bill

ST. GEORGE - Citizens for Dixie’s Future has released a 5-page letter in response to the Washington County Growth and Conservation Act of 2008. The letter, addressed to Sen. Robert Bennett and Rep. Jim Matheson, addresses changes that the group feels need to be made to the 2008 land bill in order to bring it into alignment with citizens’ directives as determined during the 18-month Vision Dixie process.

“Some parts (of the Washington County Growth and Conservation Act of 2008) are better than the 2006 bill but the basic premise is the same,” said Paul Van Dam, executive director of CDF. “That basic premise is not in harmony with the Vision Dixie results … that everyone worked so hard for.”

According to the analysis by CDF, the following issues must be addressed:

1) Wording in the 2008 land bill weakens protection to the Red Cliffs National Conservation Area. It mandates a “northern transportation route” without excluding a highway through the center of the Red Cliffs Desert Reserve. The bill also allows for water development within the reserve and allows for changes to management to the reserve that may not be beneficial.

2) The 2008 land bill includes funding for the Lake Powell Pipeline. The real uncertainty about the viability of Lake Powell as a long term water source for the pipeline due to climate change and over-allocation must be addressed before more funds are expended.

3) The bill provides economic incentives to sell off public lands. Options chosen during the Vision Dixie process indicate the public prefers little or no public lands be sold.

“These points must be modified before we can support (the bill),” said Van Dam.

Citizens for Dixie’s Future is a grassroots coalition of local citizens committed to protecting the natural resources and quality of life in Washington County through smart growth planning for the benefit of present and future generations. The group formed in response to the public’s concern about rapid unplanned growth and the selling of public lands in the 2006 Washington County Lands Bill.

The letter appears below.

Citizens for Dixie's Future letter

June 11, 2008

Senator Robert Bennett
Representative Jim Matheson

RE: Washington County Growth and Conservation Act of 2008 (Bill)

Dear Senator Bennett and Representative Matheson:

Citizens for Dixie's Future is a grassroots coalition of local citizens committed to protecting the natural resources and quality of life in Washington County through Smart Growth planning for the benefit of present and future generations. We formed in response to the public’s concern about rapid unplanned growth and the selling of public lands in the 2006 Washington County Lands Bill. Vision Dixie, an 18 month, community-wide dialog provided a refreshing new perspective on southern Utah land use issues following the controversy in 2006. Real change is occurring in Washington County; support is clearly growing for the protection of open space, clean air, public lands, scenic beauty, wildlife habitat and water conservation.

Our organization is optimistic that the 2008 Bill can be molded into a solution consistent with the citizens’ directives as stated in Vision Dixie. We believe that, with some changes, the bill could protect southern Utah from the ills that many other desert urban areas (e.g. Las Vegas and Phoenix) are suffering from: sprawling and poorly planned growth.

It is our position that the 2008 Bill satisfies citizen priorities in some cases but not others. Compared to the 2006 Bill important changes were made, which include an increase in the number of protected acres, rights-of-way for water and utility corridors seemingly were dropped and the amount of public lands proposed for sale was reduced.

However, some of the previous Bill’s controversial provisions, such as weakening protection to the Red Cliffs National Conservation Area with a change in management policy, a potential highway through the Reserve, providing economic incentives to sell off public lands, and funding for the Lake Powell pipeline which facilitates accelerating growth, are still included. All these provisions in the Bill are in conflict with the Vision Dixie results which indicate support for protection of critical lands, scenic open space, limited public land sales and smarter growth. Until these provisions are modified, this Bill pushes these values further out of our reach.

Our concerns on the Bill’s provisions include the following:

Vision Dixie
The Vision Dixie Process was a year and an half long $500,000 effort to build a vision for tomorrow based on the ideas and values of county residents and to decide how Washington County might grow to accommodate 400,000 people by 2035. Vision Dixie was about choices and four scenarios were offered ranging from scenario A to scenario D. In the preferred Scenario “C”, only 3500 acres of public land was converted to private development. In the next preferred scenario, D, no Public Lands were used for growth. People clearly chose compact communities with maximum open space and very little to no public land sales. Vision Dixie cannot be used to justify disposal of more than 4,300 acres unless the Vision Dixie voting data is intentionally misrepresented.

We appreciate the Senator waiting until the Vision Dixie process was complete before introducing a new Bill. However, we don’t see the Vision Dixie Principals guiding some of the provisions in the Bill itself.

Lake Powell Pipeline
We are in opposition to any provision that allows proceeds from public land sales be used to fund the Lake Powell Pipeline. As stated on page 50 line 22 the Bill would allow the county’s proceeds from public land sales to be used for water development and water delivery system, therefore they could be used for the Lake Powell Pipeline. This provision contradicts Vision Dixie’s water conservation principle and the goal of compact communities.

The Washington County Water Conservancy District (WCWCD) has not engaged the community in a discussion of the Lake Powell Pipeline’s necessity or how it will be funded. Public input is needed in local water development projects using a Vision Dixie-style process before funds or land is granted for the Lake Powell Pipeline. The extreme cost of the pipeline is too high for Washington County taxpayers to bear solely. The real uncertainty about the viability of Lake Powell as a long term water source for the pipeline due to climate change and over-allocation must be addressed before more funds are expended.

There is an alternative to the expensive Lake Powell Pipeline. With smarter growth, reasonable conservation, efficiencies, reuse and augmenting local water sources there would be enough water for the WCWCD’s estimated build out of 600,000 people in 2050, which would save our community billions of dollars.

Red Cliffs National Conservation Area (Reserve), provisions in the Bill are in conflict with the goal to protect “Critical lands” in Vision Dixie.

1. Mandate for northern corridor highway.
The Senator has also stated in a press release that the northern corridor through the Red Cliffs Desert Reserve was deleted. This commitment was also given to the Wilderness Society as stated in their testimony. This should be reflected in the Bill. Local officials in future years will say the Northern Corridor was mandated in the bill unless it is clearly states it isn’t.

The Red Hills Parkway that currently serves as a northern corridor can be modified to accommodate the increased population center further north. It should be clear in this legislation that a highway through the Reserve is excluded. The bill states on Page 41 line 20, that "the Secretary, in consultation with federal, state, local governments, including St. George City, SHALL identify 1 or more alternatives for a northern transportation route in the county.”
A “northern transportation route” as mandated in this bill would have to bisect the Reserve based on the topography of the area. If any proposed transportation routes adhere to existing statutes it isn’t necessary to mandate them in this legislation. In the Red Hill Parkway Environmental Assessment, a highway through the Reserve was already studied and rejected.

2. Allows water development inside the Reserve.
It should be clear in this legislation that water developments are not an exception to existing laws that protect the Reserve. The bill states on Page 24, line 24 that "nothing in this title prohibits the authorization of the development of water resources within the NCA if the development is carried out in accordance with 1) each utility development protocol described in the HCP and 2) any other applicable law (including regulations)."

The development protocols are not a review process to determine the validity of a proposed action. They are simply guidelines to be followed on the ground after a project has been approved. This provision should be changed and language inserted to establish the current “Habitat Conservation Plan” as the decision making document. Also, it is possible to construe that the "nothing prohibits" phrase will allow a circumvention of National Environmental Policy Act (NEPA) and this phrase should be deleted.

Mandating the Washington County Water Conservancy District's future water development projects for which there are no existing permits, leases, rights-of-way, or applications should be deleted. If all laws will be followed then there is no need for this exception in this legislation.

3. The Bill includes NCA management language that is not beneficial to protection of the Reserve.

Local officials have a demonstrated antipathy to the Reserve. The bill states on page. 22, line 2 that: "the secretary MAY incorporate any provision of a) the HCP, b) resource management plan and c) the public use plan" to develop the management plan for the NCA.” This language may grant them more control over management of the Reserve and should be rewritten as it allows for a change in current policy away from a system that has worked well to protect the Reserve.

Public Lands
We believe the Bill’s provision to sell public lands would accelerate growth and is in conflict with the Vision Dixie Principal to grow inward with compact communities and controlled growth. Selling off public lands will only facilitate the development of more subdivisions, golf courses, and expensive water projects in our arid region. Since public lands are found on fringe of communities 5000 acres more of BLM land will only encourage large developments outside of the urban core causing sprawl. This provision will create an unsustainable future for southern Utah.

We note that the St. George Area Chamber of Commerce says only 10% of Washington County’s private land is developed; ninety percent of our private land is yet to be developed. We only occupy about 25,000 acres of developed land for about 140,000 people in the county. Moreover, St George City is only 30% built out and Hurricane City is only 10% built out. We also have large blocks of State Institution Trust Lands (SITLA) that are being developed too.

The current BLM administrative policies allow communities to get public lands for public purposes and the system proposed in this Bill does not. For instance, a BLM parcel of property in the Town Virgin, which was going to be used for a fire station, will now be sold for development which goes against the Vision Dixie Principal of public land to sustain community goals.

Over the last 10 years 10,000 acres of public land has been transferred to communities for public purposes. The system we have now for lease and exchange of public lands is working well. Communities can apply for public land which allows communities to buy, lease or exchange land with minimal capital outlay through existing law, the Recreation Public Purposes Act (R&PP) for public uses such as, schools, parks, libraries and fire stations. For example, Gunlock Reservoir, Snow Canyon State Park, Quail Creek State Park, Sand Hollow State Park, Washington County Fair grounds were all public lands. The BLM also has cooperative management agreements for Grafton Cemetery, Virgin Town Park, Santa Clara River Reserve, among others. The demand for recreational activities and land for wildlife will only continue to increase. Public land offers extensive recreation management areas for ATV use and other trails. The scenic background of all our communities is predominantly public lands and should be left to buffer cities from each other. The privatization of our public lands will only increase the need for more water, create sprawl, decrease our air quality, and increase our taxes to pay for the infrastructure and schools.

The trend to privatize our public lands and the drive to quantify and monetize all values in our society obscures the enduring, intrinsic valve of our public lands for recreation, scenic open and wildlife

Another concern is the provision for 10% of the proceeds from BLM lands will go to the county. This creates an economic incentive to sell public lands. We recommend that proceeds of Federal land sales should be used for Federal purposes:
a. Purchase high priority lands identified by BLM for habitat, recreation and open space purposes
b. 5% of proceeds to the State of Utah for education
c. 95% for Federal purposes and no other expenditures

On Page 9 – Including the provision of a 100-foot minimum wilderness boundary setback from the centerline of a road, which may only be a primitive two-track dirt road, in effect gives the road a right-of-way 200 feet wide that could degrade the wild land character of the area. Consider revising this provision.

It states on page 11, line 16 that– “-Nothing in this title restricts or precludes’, Military Operational Areas (MOAs), flight testing, flight training routes These flights should not be allowed over Zion National Park, regardless of wilderness status and this provision needs to be rewritten to protect Zion National from military training over flights. It could also undermine enforcement of natural quiet restrictions in wilderness areas.

It states on page 12, line 23. Wilderness – The bill states that “Nothing precludes the Secretary from authorizing facilities that are essential to flood warning, flood control, or water reservoir operation activities” This provision needs to be clarified because it could be an exception that allows reservoirs in wilderness areas which would degrade their wild land character.

Page 57, Mr. Harrison should not be given preferential treatment with a gift of 112 acres of Dixie Forest land and it should be deleted from this legislation.

In conclusion:

We request Senator Bennett and Representative Matheson to sponsor “listening sessions” in Washington County and on the Wasatch Front. All citizens are “stakeholders” in this bill and deserve to be heard. Vision Dixie is a sterling example of the democratic principle that it is best to consider all voices rather than just a few. We believe some of these decisions made for us in the Bill should be local decisions and don’t require federal legislation. We are mindful of what impact today’s decisions will have on future generations and we want to assure that we actually plan for future generations and not rob from them. This legislation will have an enormous impact on our small community of only 140,000 people.

We have the opportunity at this point in our area’s growth process to create a “Desert Community of the Future”- a desert community that works to live within the natural limits of this area’s resources, to preserve the unique beauty and special qualities that draw visitors, businesses and new residents from all over the world to live here. This is the legacy that far-sighted leaders can leave for future generations to admire and respect.

We have great respect for all your time and effort that went into this legislation. We look forward to continuing our work to preserve Washington County’s quality of life and accomplish the county’s vision laid out in the Vision Dixie principals. We have a real opportunity to move this legislation in a positive direction toward the Vision Dixie goals and we should do that to create a more sustainable future for our community.

Sincerely,


Paul Van Dam, Executive Director
Citizens for Dixie’s Future
P. O. Box 161, Hurricane, Utah 84737
Tel: 801-910-6587 Fax: 435-635-8455
Email: paul@citizensfordixie.org

cc:
Senator Harry Reid
Senator Richard Durbin
Senator Jeff Bingaman
Senator Pete Domenici
Senator Ron Wyden
Senator John Barrasso