Minority Leader Ralph Becker said "a good majority" in the 19-member House Democratic Caucus indicated they would support the compromise. No House Democrat believes the compromise is ideal, he said, "but this agreement probably reflects as good as we're going to get."

The measure's passage would end the litigation that has stalled since the 10th U.S. District Court of Appeals in 2001 stopped the highway project through Great Salt Lake wetlands in South Davis County due to flawed environmental evaluations. Construction on the 14-mile scenic byway could start by May and it could open by 2008, bringing relief to commuters who now experience regular rush-hour traffic jams on Interstate 15.

House Speaker Greg Curtis has said the 56-member Republican Caucus can't by itself muster the 38 votes necessary to pass the resolution on an up-or-down vote. On Monday, Rep. Dave Clark, R-Santa Clara, who said Curtis asked him to attend the Democratic Caucus meeting, said GOP support remained "tenuous."

The negotiations began at Gov. Jon Huntsman Jr.'s request shortly after he took office in January. The plaintiffs - the Sierra Club, Utahns for Better Transportation, the League of Women Voters, Friends of Great Salt Lake, Future Moves Coalition and Great Salt Lake Audubon - and Utah Department of Transportation reached a framework agreement in September. The fleshed-out deal was released publicly last week.

A provision states the litigants agree not to sue again over Legacy unless UDOT terminates the agreement under an escape clause that could be activated if other parties initiate serious legal challenges to the compromise or the project.

"Serious" is not defined in the resolution, but UDOT deputy director Carlos Braceras told the caucus that type of challenge would be expensive and time-consuming. "I don't think there's a serious threat of that happening," he said.

The clause doesn't describe something mandatory. "If someone came in and tried to tube the deal with a lawsuit, it wouldn't require us to pull out," said Marc Heileson of the Sierra Club.

Proponents have claimed billboards also would be banned, but Becker, who represents Salt Lake City, pointed out that state law permits cities to allow billboards on scenic byways. That would mean outdoor advertising could spring up on the eastern side of the parkway.

"If there are billboards all down one side, that's certainly going to degrade that scenic byway experience," Becker said. Calling the restriction a ban "is not quite that simple," he said. "You're underestimating the creativity of the billboard industry we've seen."

Becker and others emphasized that they should have been part of the lawmakers' participation in crafting the settlement language. While Democratic Sen. Ed Mayne of West Valley City was on the legislative committee that reviewed ongoing negotiations, no House Democrat was included.

"All players, everyone who participates in [legislative] decisions, need to be involved," Becker said.

The Legacy Parkway agreement

Under the resolution, no semitrailer trucks will be allowed on the scenic byway, which will have a maximum speed of 55 mph, rubberized asphalt to dampen road noise and would remain four lanes wide for at least the next 15 years.

The resolution also includes a dispute avoidance and resolution procedure, called DARP, that will be available to the state and residents to talk out disagreement in advance of legal action.