Rush Lake 2015

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Re: Rush Lake 2015

Postby Ralph Morrison » Wed Feb 18, 2015 1:32 pm

Thanks Jason for bringing this to our attention, and real good job Andrew for your investigation. It seems like there's two ways to deal with this. The legal route, or negotiating with the owner. It sounds like there is a lot of gray area, legally. I remember that Marty was able to come to an agreement with the owner last time through reason and friendly co-operation. (was there some money too?) I think we need to build the best legal case against the fence, but in the end we need to come to a mutual agreement with the owner. The owner needs to understand that there will be a lake there again and he can't do anything permanent on the lake bed. If the fence is in the water and it causes an accident, he may have liability issues. Show him any other downsides to a fence in water. Tearing down the fence will cost him money. We could offer to pay for that. Marty succeeded last time because the guy liked Marty. I think that Andrew could fill that role now.
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Re: Rush Lake 2015

Postby Todd Jacques » Wed Feb 18, 2015 9:58 pm

different owner. But I was there that day Marty met with him. He did give him something, it might have been a fuel card. it was some kind of gift that was a nice gesture.
Jon, vern or doug might remember.
Does not sound like the new owner would be into bribery or gifts though.
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Re: Rush Lake 2015

Postby andrewcarey44 » Thu Feb 19, 2015 9:53 pm

I have spoken with the Water Rights folks from the DNR about the issue and they said that the best course of action will be to work the Tooele County DA. He also said that there is a house bill on the floor for this legislative session that amends Section 207. The bill is house bill 108. If you do a quick google you can find it. I havent had a chance to read through and really understand what changes are being made. Following through with the DNR's recommendation I tried calling my contact at the DA today to get down to brass tacks about getting the fence removed. We will see what he says and how willing they will be to fight this issue. If they aren't willing to investigate and fight it, I think we are on our own. The BLM continues to only be worried about liability and I believe that signs will be the extent of their action. However, if the West triangle property is off-limits and we are unable to use it, I am sure that we can work with the BLM about establishing new access through their property down to the waters edge (my guess would be further south from the current road). Ray from the BLM made this point himself by saying that if the private land owners restricts access, then we could use the BLM land to get down to the water. This will take some work with them but I think the first priority is to get the fenced removed. I couldn't agree more with the above threads, this is really our only shot at getting the fence removed. If we wait too long it will be that much more difficult.

Although I am working with the DA, it may help if some additional people call and complain about the fence. The more voices that are heard, the more attention we will get on the issue.

Jim Richards
Tooele County District Attorney's Office
(435) 843-3120
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Re: Rush Lake 2015

Postby andrewcarey44 » Wed Mar 02, 2016 9:41 am

bump
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