[Return
to Provo River Restoration Project (PRRP) Home
Page]
The following is a rather lengthy discussion answering
these commonly asked questions about access to and
management of the middle Provo River corridor: Q:Why
are there only seven access sites and where does the
Mitigation Commission get its authority for this limitation? Q:If
the PRRP corridor is public land, why can't I do what
I want on it and enter it where I want? Q:Why
is there so much distance between some sites, while
others are so crowded? Q:Can
the public or river guides strike deals to gain access
to the corridor through private property? Q:What
is up with the "NO ACCESS" signs--why can't
I park where I used to? Q:Who
will ultimately manage the corridor?
Click on map to
view larger version
A:
The plan approved by the 1997
Environmental Impact Statement for the Provo River
Restoration Project (PRRP) (and even for the Bureau
of Reclamation’s approved plan for angler access dating
back to 1987), called for seven (7) identified parking
and public access sites. The reasons for this include:
1) controlling public access to seven sites will eliminate
or at least reduce potential conflicts with private
landowners who own property adjacent to the corridor
by eliminating trespass across their property to reach
the public corridor (the public, especially local
landowners, raised this as a major concern when the
PRRP was being planned); 2) controlling access to
the seven identified sites provides greater control
over trash and litter pickup, and sanitary facilities;
3) limiting access sites and number of parking spaces
will limit the number of persons using the corridor
at any time to help control overcrowding and help
to reduce impacts on sensitive wildlife species and
their habitats. We recognize that for awhile, at least,
some of the adjustments that people using the corridor
will need to make may seem burdensome. We have waited
until now to emphasize limitations on access sites
in particular, because we did not have all approved
access sites in place. [Click
here to link to photos of our Angler Access sites]
A: While
the PRRP corridor is public land, this doesn’t mean
the public has a right to access or use the property
in any manner they choose. The government agency with
responsibility for the land (in this case, the Mitigation
Commission) has the right, and is required by law,
to manage the lands in a manner consistent with that
agency’s mission. To help illustrate this point, consider
some examples: U.S. Highway 40 is public land; yet,
the public is not allowed to gain access to or from,
nor use the highway, for whatever purposes they desire.
Use of these lands is tightly regulated and enforced.
Wasatch County playgrounds, school grounds and parks
are public lands; yet, the public is not allowed to
play golf, shoot archery or consume alcohol on those
grounds. For many years and even generations, recognized
public uses of highways and playgrounds, school grounds
and parks have become well-established. What we have
established and are striving to complete along the
Provo River is a new type of public facility in many
respects. It is not a parkway corridor (though parkways
are also highly regulated, particularly with respect
to access points), nor is it a multiple-use property,
such as one might expect from lands managed by the
Bureau of Land Management. It is a habitat area, designed,
constructed and managed to provide aquatic, riparian
and terrestrial habitats to replace those lost elsewhere
through development of the Central
Utah Project, which brings water to Heber Valley
and the Wasatch Front. Public uses that are compatible
with those objectives, such as angling and wildlife
watching are allowed and encouraged; however, those
uses are regulated. And one of the few tools available
to regulate the amount of use and type of use is limiting
access points by location and by number of parking
spots.
A:
The longest distance between parking lots/access points
is less than 3 ½ miles (from the proposed Midway Lane
North site to the River Road South site - see map
- therefore to reach the midpoint from either end
is just over 1 ½ miles). For those willing to walk
a little farther, a more secluded/less crowded experience
will be the reward.
A: In
most cases in the land purchase contracts with landowners
who now abut or surround the PRRP corridor, we have
eliminated direct access to the river. Furthermore,
guides will not be able to strike deals with private
landowners to gain direct access to the corridor, and
a private individual cannot gain access to the river
by paying a fee, nor by asking permission of an adjacent
private landowner; the private landowners do not have
the rights to grant such permission. In a few instances,
we have agreed to allow access from private property
to the corridor: this access is limited to immediate
family or guests, for non-commercial purposes, and
the right to access the corridor terminates upon sale
of the property to a non-family member. In only one
instance, the Johnson Mill Bed & Breakfast was allowed
to have access to the corridor for clients, because
this was an existing commercial enterprise using the
river corridor before or at the time the river restoration
project was implemented.(Also, this facility is located
on the southern end of the above referenced 3 1/2-mile
stretch, so it has no advantage in reaching the more
secluded river section.)
A: In
taking measures to fulfill our commitments to control access,
we recently posted "No Access" signs at several of
the most commonly used non-approved access sites in
an effort to educate and inform public users of approved
corridor parking and entry locations. This was also
partly because of a request by Wasatch County to address
a particularly troublesome spot in the "North Fields" area
that has been used by anglers. The County has had numerous
complaints from local landowners along this road about
parking that blocks access to lands, causes damage
to fences from cars turning around on narrow dirt roads,
and trash and litter. Regarding local law enforcement
on county roads, we have no direct authority over parking on
County roads. Wasatch County has authority over County
roads and is responsible for taking formal actions
to close those public areas to parking, which would
allow them to issue citations for parking along those
roads.
A: The
Mitigation Commission proposes to develop a corridor
management operating agreement with Utah Division of
Wildlife Resources and possibly other entities. The
operating agreement will reiterate mitigation objectives
and requirements for management and public access as
partial mitigation for Central
Utah Project and other federal reclamation projects.
The operating agreement(s) will also specify management
costs and will commit funding sources to support ongoing
project development, operation, maintenance and management.
Funding sources and management, operation and maintenance
assistance may include one or more of the following:
user fees, volunteer efforts (such as a Riverkeeper
program), Mitigation Commission funds, state or local
funds, and private donations.
As part of President Obama’s plan to help stimulate the lagging economy, the American Recovery and Reinvestment Act was passed in February, 2009. Funds provided to the Mitigation Commission from the Recovery Act accelerate the opportunity to perform needed maintenance and repair parking areas and related facilities along the PRRP. Other funded activities will include repairing fencing and weed control at constructed parking areas and along restored river reaches.
We appreciate the public's support of the PRRP and
hope we are developing a project that will balance
the needs for fish and wildlife habitat and the need
for public access in a satisfactory manner.
|