September 15, 2009, 1:39 pm
The fight over a disputed route in Canyonlands National Park is
finally in the courtroom after years of behind-the-scenes legal
wrangling.
Lawyers gave their opening statements Monday in U.S.
District Court about the fate of a remote canyon corridor leading to
Angel Arch, one of southern Utah's most spectacular sights.
The case could influence future claims under an 1866 law, called R.S. 2477, that assured passage across federal lands.
The
law, repealed in 1976 with protection for existing roads, has led to
protracted disputes about which routes in the West qualify for local
control.
San Juan County sued the National Park Service five
years ago for closing much of the Salt Creek route to vehicles about 10
years ago. The state later joined the suit.
On Monday, attorneys
for the county and state said the route's historic use clearly
qualifies as a public right of way under R.S. 2477. The county is
claiming ownership of the road and says it should be reopened to
vehicles.
Keeping motorized vehicles out of Salt Creek Canyon
requires visitors to hike 10 miles each way to see the popular arch,
said Shawn Welch, an attorney for San Juan County.
That's asking
a little much of most members of the public looking to visit an "icon
of Canyonlands National Park," Welch said before U.S. District Judge
Bruce S. Jenkins.
