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Conservationists are leery of a state takeover of the lands and water
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A bill that a northern Utah lawmaker says would prod the settlement of a long-standing dispute over ownership of lands within the Bear River Migratory Bird Refuge was unanimously endorsed last week by a legislative committee.

Rep. Ben Ferry, R-Corinne, told members of the House Natural Resources Committee that his HB192 would revoke the authority of the federal government to manage state lands in and around the 75,000-acre refuge - requiring it instead to obtain a conditional-use permit to continue managing those lands.

That prospect has raised the hackles of conservation groups, which fear a possible state takeover of the refuge and perhaps its water resources.

But Ferry insists the bill isn't nearly as controversial as it sounds. What the legislation would do, he says, is force an end to a stalemate in which the Interior Department backed away from a deal under which it would pay the state $15 million for its lands within the refuge.

Specifically, Ferry added, the bill would peel away a provision in the original 1929 consent agreement that allows the federal government to manage those lands regardless of who owns the title. The conditional-use permit, he said, would allow Interior to continue managing the refuge as it has - and perhaps get the feds back to the bargaining table.

"This is not about Utah trying to take the Bear River bird refuge. It's not about water. It's not about trying to take away assets and things of that nature," said Ferry. "It's my goal that not one drop of water leaves from that bird refuge, which is such an important asset to Box Elder County. We want to maintain its integrity, but get rid of, once and for all, this point of contention that exists."

But representatives of two environmental groups, the Audubon Society and the Utah Rivers Council, told committee members they would like to read the fine print before the bill moves any further.

"It's critical that we understand two things: What is the Department of Natural Resources trying to achieve specifically with this bill, and what will the ramifications be?" said the Utah Rivers Council's Amy Defreese. "Those two questions deserve resolution before a bill is passed."

Department of Natural Resources Director Michael Styler, however, urged the committee to approve the bill as is, noting that the area controlled by the federal government under the current agreement far exceeds the boundaries of the refuge, reaching into Corinne, Brigham City and Bear River City.

"This has got to be done to address the huge size of the property the federal government has been given to manage," Styler said. "Negotiations ended abruptly a year ago, but just the threat of this bill has got them talking again."

jbaird@sltrib.com

Public input

Two public meetings have been scheduled to allow the public to comment on HB192, which seeks to revoke the authority of federal government on state-owned lands in and around the Bear River Migratory Bird Refuge.

* WEDNESDAY: 7 p.m., Department of Natural Resources auditorium, 1594 W. North Temple

* THURSDAY: 7 p.m., Bear River Migratory Bird Refuge Visitor Center, 2155 W. Forest in Brigham City

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