Bryan, Reid urging talks on Jarbidge road dispute
Monday, Sept. 6, 1999 | 12:44 p.m.
The federal government has threatened to sue the county in U.S. District Court if it doesn't pay several hundred thousand dollars in damages by Sept. 10.
A draft complaint said the county trespassed on federal land with bulldozers and other heavy equipment to re-divert the river and restore the road, killing trees and destroying vegetation.
The complaint also says the county violated the Clean Water Act by discharging pollutants from a bulldozer into federally controlled waters.
"Let's try again," Bryan, D-Nev., said Friday during a joint meeting with the Elko County Commission and Elko City Council.
He promised to ask Nevada U.S. Attorney Kathryn Landreth to extend the Sept. 10 deadline in an effort to find a compromise.
Reid, a fellow Democrat, made a similar request of Landreth, his office said.
"He is in favor of Elko County getting some additional time so they can at least sit down at the table," Reid spokesman David Cherry said. "He hopes everyone will have a chance to sit down and work this out."
In his annual meeting with the two Elko boards, Bryan sympathized with the county's position but reminded commissioners there are two sides to the issue.
"It strikes me you put yourself in a better posture if you agree to sit down and talk," Bryan said.
Kristin McQueary, chief civil deputy in the Elko County District Attorney's Office said such efforts so far have failed.
McQueary outlined details surrounding the disputed section of road damaged by floodwaters in June 1995.
When the Forest Service failed to reopen the road into the Jarbidge Wilderness Area, Elko County acted on it own to repair the road.
Later, after the county was forced to stop work by state environmental officials, the Forest Service entered the area to repair the job the county was forced to leave unfinished, she said.
"They did way, way, way ... more work and more damage to the area than Elko County ever began to do," McQueary told Bryan.
"When you see what they've done and how they've done it ... it completely and utterly defies common sense," she said.
Bryan said he thought the county's request for an extension was reasonable and repeated his commitment to contact Landreth on the county's behalf to seek an extension in the Justice Department deadline.
Commissioner Brad Roberts also asked Bryan to look into the listing of the bulltrout as a threatened species.
The listing evolved from the road dispute after the U.S. Fish and Wildlife Service deemed the county's work on the 900-foot section of roadway put the species at risk.
"We need an oversight hearing on that because that species was improperly listed," Roberts said.
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