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Ex-A.G. questions fed panel's right to call shots on Lake Powell pipeline
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

CEDAR CITY - Critics of the proposed Lake Powell pipeline are scratching their noggins over this one:

If the $800 million-plus project primarily is about delivering water to a thirsty but growing southwestern Utah, why are federal energy regulators overseeing the approval process?

"This is not a power project," insists former Utah Attorney General Paul Van Dam. "Power is incidental to the project. It raises a red flag as to why [the Federal Energy Regulatory Commission] was asked to be the lead agency on a water project."

Van Dam, who heads the pipeline-opposing Citizens for Dixie's Future, worries that FERC isn't up to the massive, multifaceted task.

At the state's request, FERC, which is responsible for licensing hydroelectric projects, will produce a single, comprehensive environÂmental-impact statement. All other agencies - from the Bureau of Land Management to American Indian tribes to the National Park Service - will rely on FERC for their parts of the permitting process.

Project backers argue the pipeline is about electricity, as well as water. They note it not only will deliver 100,000 acre-feet of water to three southwestern Utah counties, it also will generate hydroelectricity at various stations along the proposed route.

Also, state officials note FERC is the only agency authorized to license those power stations.

Additionally, Van Dam is disappointed that public comment - now planned for June 10-12 in Kanab, St. George and Cedar City - will preclude other participating agencies from having to hold similar hearings. He also worries that next month's hearings and the July 10 deadline for written comments will leave little time for residents to learn about the complex issues.

Eric Millis, deputy director of the Utah Division of Water Resources, insisted the public will have ample chance to comment on the project.

"All the [participating] agencies and the public will have an opportunity to give input into the environmental-impact statement."

Millis added that the project's scope will require future opportunities for public comment before the EIS is complete.

"That could take about 4 1/2 years," he said.

mhavnes@sltrib.com

* Size: A 158-mile-long, 66-inch-diameter pipeline from Lake Powell to a reservoir in Washington County, along with a 38-mile-long, 30-inch pipeline from Washington to Iron County.

* Cost: Construction would run about $842 million, including the Powell pipeline and several other water projects.

* Recipients: Washington County would get 70,000 acre-feet of water, Kane County would get 10,000 and Iron County 20,000.

Federal hearing

dates

* June 10, Kanab Middle School, 690 S. Cowboy Way, Kanab, 5-9 p.m.

* June 11, Dixie Center, 1835 Convention Center Drive, St. George,

5-9 p.m.

* June 12, Festival Hall Conference Center, 105 N. 100 East, Cedar City, 5-9 p.m.

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