What should be done?

The pursuit of a right-of-way through the use of R.S. 2477 will surely be fraught with confusion, disagreement, and the potential for litigation.  The use of this method to ensure public access to these routes will be a long, drawn out, and contentious process.  It is our recommendation that Salt Lake County abandon the pursuit of a right-of-way for these routes under R.S. 2477.  In the case where a right-of-way already exists (e.g. Millcreek Canyon and Emigration Canyon), it would be redundant, not to mention a waste of time and money, to try and obtain another right-of-way.   Where a route meets a reasonable transportation need, we are not opposed to the granting of a right-of-way for these roads.  We would suggest however, that the County work in conjunction with the Forest Service, the BLM, or private land owners to obtain a right-of-way through more timely, less contentious processes.

Due to the varying nature of the claims, we have separated them into 4 different categories, and propose solutions to dealing with the claims under each division.  The categories and proposed actions are as follows:

Category 1:  Routes that provide access to homes on land leased from the U.S. Forest Service.  These are routes that were constructed and are maintained through the funding of private individuals.  While, in some cases, they predate the reservation of the Wasatch-Cache National Forest, they do not meet the other Forest Service criteria.

The claims:  Mill D North Fork, Porter Fork, Alexander Fork, Little Mountain

Proposed action:  These claims should be abandoned.  They are not currently accessible to the public and therefore, serve no public transportation need.

Category 2:  Routes that provide access to private homes or businesses on private land.

The claims:  Killyon Canyon, Burr Fork, Lambs Canyon, Rose Canyon, Church Fork

Proposed action:  Work with the U.S. Forest Service, the Bureau of Land Management and private land owners to obtain an easement for the road.  Abandon the R.S. 2477 claim.

Category 3:  Route constructed or maintained by the county for public use.  The construction of the road predates any reservation of the land it crosses.

The claims:  Emigration Canyon, Butterfield Canyon, Millcreek Canyon

Proposed action:  Abandon the R.S. 2477 claim.  Use the preexisting right-of-way for the road, or work through other means to obtain a right-of-way.

Category 4:  Route that is not currently being used as a public road, was not constructed or maintained by the county, and meets no transportation need.

The Claims:  Pole Canyon, Millcreek Canyon Extension, Yellow Fork Canyon

Proposed action:  Abandon the R.S. 2477 claim, and stop the pursuit of a right-of-way for these routes.  Development and use of the route as a road would have profound negative impacts on the natural qualities of the surrounding area.