Sandwash land case is going before judge
A bench trial is scheduled for this Thursday and Friday in Duchesne before 8th District Judge John R. Anderson to determine if the Central Utah Water Conservancy District can take four parcels, all well above the high-water mark, through eminent domain. Four lots owned by Gazelam Corp. are being used as a "test case," according to the company's attorney, Gordon Madsen.
In 2003, about 80 parcels were initially included on the list of properties slated to be claimed by the Bureau of Reclamation in connection with the expansion of the reservoir. All but about 30 parcels have been sold to the government. Once the process is finished, the property and the reservoir will be turned over to Moon Lake Water Users.
The enlargement of the reservoir, about five miles south of Altamont, was completed last fall. The majority of the $50 million-plus federally approved project was funded through the water-conservancy district. The increased size of the reservoir provides water storage for irrigators, as well as municipal-industrial water for Roosevelt and a recreational spot for boaters and anglers.
The Central Utah Water Conservancy District began legal proceedings in 2006 to take the property through the condemnation process allowed by law. The landowners contesting the mandated sale of their land are watching the case against Gazelam with interest. Three different appraisals of the property have reportedly been conducted on the landowners' parcels.
Duchesne County resident Jim Brady's property is almost surrounded by water when the reservoir is full, but he maintains being granted a right-of-way would allow him to continue to use the family-owned land that he said holds a great deal of sentimental value. "It's been four years, the trees have died, the fence is down, there is no way they can get an adequate appraisal," Brady said. "They have water-locked us."
Another property owner, Bonnie Reynolds, is outspoken in her criticism of the process being used to take her land. She said she has expended an enormous amount of energy, time and money in an attempt to retain her waterfront parcel at Sandwash Reservoir, or at least obtain payment in the amount she believes the land is worth.
She claims the water front property should start at $3,200 per front foot, which would bring her about $544,000 — far more than the total of $8,500 that she was offered for her two lots, which together amount to about an acre. She said she planned to retire to Duchesne County and live in the trailer that is still on the property, but it is deteriorating as time passes.
According to Reynolds, Anderson has overturned her claims against the Bureau of Reclamation and others, but she will continue her fight. "I have 300 files in my living room, and I can show that it's a chain of collusion," she said.
E-mail: lezleewhiting@hotmail.com
You can be the first to comment on this story.