ATV protest: State now investigating feds' action

ATV protest: State now investigating feds' action

By Brian Mullahy Wednesday, July 15th 2015

ATV protest: State now investigating feds' action

(KUTV) An ATV protest on hard-scrabble, contested terrain in southern Utah drew riders, the press, misdemeanor charges, high-profile guilty verdicts, and now a state investigation.
"The Governor's Office has asked the Attorney General's Office to investigate the legality of the closure of Recapture Canyon," said Jon Cox, spokesman for Gov. Herbert. "If it is found that it was closed improperly, we would urge the Bureau of Land Management to immediately open the road."
The statement came on the same day Rep. Mike Noel, R-Kanab, told 2News he has documents that show a road in the San Juan County canyon should not have been off-limits to revving demonstrators in May 2014, when they protested alleged federal over-reach of the land.
"Was it available to drive on? Our answer is absolutely," said Noel, a consistent defender of the riders.
"Have you given this (information) to the Attorney General's Office?" 2News asked.
"Oh absolutely they have it," said Noel. "We're working on a complaint."
"When did they get it?"
"They got it today," Noel replied.
Noel said the documents, which were requested from the San Juan County Water Conservancy District, show an RS 2477 road was there in 1981. "If this is an RS 2477 road, you don't have a trespass."
Megan Crandall, spokesperson for the Bureau of Land Management in Utah, said the area has a "right of way" for a water pipeline -- but within an "enclosed area" only traffic on foot and on horseback is allowed.
"To call a water right a road is not correct," said Crandall. "The BLM issues a slew of right of ways for a range of things. They are authorized for a specific purpose."
Noel said the documents he is now discussing publicly should lead to exoneration of San Juan County Commissioner Phil Lyman, a leader of the ATV ride, who was convicted of two federal misdemeanor charges -- driving on public land and conspiracy.
"No question about it," said Noel, who accused the U.S. Justice Department of "prosecutorial misconduct," in its pursuit of its case against Lyman.
Crandall cast the dispute surrounding Lyman in simple terms.
"There was a boundary of the closure area," said Crandall. "And he crossed that line."