FRONT PAGE A1 www.tooeletranscript.com TUESDAY TOOELE Tooele’s Schmalhaus RANSCRIPT takes first at T state See A8 BULLETIN February 19, 2008 SERVING TOOELE COUNTY SINCE 1894 VOL. 114 NO. 79 50¢ County citizens, leaders pushing for new water rights board by Tim Gillie STAFF WRITER Tooele County leaders and proper- ty owners are backing legislation that would make major changes in how water rights policy is determined in the state. Bruce Simon and Tamara Beckstead are backing Senate Bill 85, sponsored by Sen. Dennis Stowell, R-Parowan, which would strip water rights policy making responsibilities from the state engineer and give those responsibili- ties to a board composed of represen- tatives of water users appointed by the governor. Simon, formerly of Tooele, said he sold a five acre plot in Erda for a devalued amount after losing his 16 acre-feet-per-year water right, worth $160,000, to the state engineer. Beckstead, of Erda, said she had her two-acre-feet-per-year water right taken away by the state engineer for non-use a year before the date for “proving up” on the certificate given to her by the state Division of Water Rights. The newly created State Water Rights Board would set fees, make rules, rec- ommend changes in water law to the Legislature, and review final orders of the state engineer. The board will be appointed by the governor, with the approval of the Senate, and consist of seven members representing different groups of water users including agri- culture, municipalities, industry, and wildlife management. photography / Troy Boman “The individual property owner Tamara Beckstead stands on her two-acre lot in Erda with her hands held up in frustration. Beckstead said she lost an acre foot of water (325,851 gallons) because of misinforma- tion she was given about maintaining her rights from the State Division of Water Rights. Now she is backing a bill to give property owners a forum for complaints about water rights SEE WATER PAGE A6 ➤ decisions made by the state engineer. US Magnesium lawsuit finally set for trial Seven-year-old case deals with waste- water generated by Rowley operation by Sarah Miley tial portion of the case. In STAFF WRITER that ruling, the judge granted partial summary judgment to A seven-year-old lawsuit US Magnesium. brought against MagCorp In Benson’s decision, he — now US Magnesium — by wrote that from 1989 to 1991, the Department of Justice on the EPA found that ‘the pro- behalf of the Environmental cess wastewater from prima- Protection Agency will finally ry magnesium processing by be heard in a trial this fall, the anhydrous process’ was graphic courtesy of sunearth.gsfc.nasa.gov/eclipse according to EPA officials. exempt from the RCRA pursu- The graphic above depicts the passage of the moon behind the earth’s The EPA is accusing the ant to the Bevill Amendment shadow, an event that will take place Wednesday evening. Umbra and Rowley-based magnesium during the EPA’s data gather- penumbra are terms denoting full and partial shadow, respectively, during producer of illegally gener- ing efforts. the lunar eclipse. The Stansbury Park Observatory Complex will host a ating, storing and disposing Benson later added that telescope viewing of the eclipse from 6:45 p.m. to 10 p.m. Wednesday. of waste, including at least the court found the disput- five wastes regarded as haz- ed wastewaters being chal- ardous because of their tox- lenged by the EPA as non- Stansbury observatory icity or corrosivity. The EPA exempt RCRA wastes were questioned certain wastewa- in fact exempt based on the ters generated at the Rowley EPA’s previous final regula- to offer best views of facility and their applicability tory determination. to the Resource Conservation In May 2005, a second law- rare full lunar eclipse and Recovery Act, the federal suit against US Magnesium statute governing the treat- was filed, alleging viola- by Doug Radunich one year. We actually had one ment and disposal of hazard- tions of the Toxic Substances STAFF WRITER last August and expect to see ous waste. Control Act involving poly- another one in 2010.” Sharon Kercher, director chlorinated biphenyl (PCBs) Wednesday night will be bad The Salt Lake Astronomical for technical enforcement for — a substance inadvertently for coyotes and werewolves, but Society will open the local the EPA’s Region 8, said the generated from processes at great for amateur astronomers Stansbury Park Observatory case is still open with a trial US Magnesium. The original who will be treated to a rare Complex to the public date set for September. lawsuit and the second law- photography / Troy Boman celestial occurrence: a full lunar Wednesday night for a free view- “Unfortunately, the litiga- suit were combined a month eclipse. ing of the eclipse from 6:45 to 10 tion process is rather slow later in June 2005. The main emissions stack at US Magnesium sends out a plume comprised Lunar eclipses occur when p.m. The viewing will allow for and we’re just still going Tom Tripp, technical mostly of steam in this Nov. 8, 2007, file photo. An EPA lawsuit accusing US Magnesium of pollution violations is scheduled to finally go to trial in the moon passes through some a closer and clearer look at the through that,” she said. services manager at US September. portion of the shadow of the eclipse through a telescope. In the suit, the EPA claims Magnesium, said the PCB earth. Such eclipses are rare and “There will be three perma- that MagCorp has failed to issues and the few remaining believes we have a pretty billionaire Ira Rennert, an hard to predict, according to nently mounted telescopes meet the regulatory require- issues from the original law- good case, and we’re prepar- industrialist and securities NASA Solar System Ambassador there, and members of the astro- ments set by the RCRA. suit have a September trial ing to defend ourselves vigor- broker who is perhaps most Patrick Wiggins. nomical society will bring out However, US Magnesium date. ously.” famous for owning a beach- “Lunar eclipses come in portable telescopes for people claims the disputed wastes “There are still some unre- US Magnesium’s Rowley front home in Sagaponack, spurts, and they don’t happen to use,” Wiggins said. “People in the suit are exempt from solved matters that will come plant produces at least 50,000 New York, that is one of the terribly often,” Wiggins said. who want to come out can also RCRA regulations. to trial. Most of the remaining tons of magnesium each year, largest and most valuable “Sometimes we can go a cou- bring their own telescopes as In October 2007, U.S. issues are related to the inad- Tripp said. residential compounds in ple of years without one, but District Court Judge Dee vertent generation of PCBs,” The company is part of America. sometimes there can be two in SEE LUNAR PAGE A6 ➤ Benson ruled on a substan- he said. “US Magnesium the Renco Group, owned by [email protected] WEATHER OPEN FORUM A4 HOMETOWN B1 INSIDE Evening rain is expected OBITUARIES A6 BULLETIN BOARD A7 Stansbury Park man finds Wednesday with snow on TV LISTINGS B2 CLASSIFIEDS B4 solace in falconry Thursday. Highs in the upper 30s. See B1 Complete Forecast: A2 SPORTS A8 PAID ITEMS B3 A2 A2 TOOELE TRANSCRIPT-BULLETIN TUESDAY February 19, 2008 Utah & The West Valley Weather Forecast Toothless resolutions spark debate in Legislature by Brock Vergakis “I wouldn’t say they’re Local Weather ASSOCIATED PRESS worthless, but I think there are very few instances where Wed SALT LAKE CITY (AP) these resolutions are clearly 39/29 — One of the most passion- influential in public policy,” 2/20 ate debates at the Capitol last said Matthew Burbank, a Rain and snow showers mixed in week was over a resolution that University of Utah political the afternoon. High 39F. had its outcome decided far in scientist. “In general, most advance and doesn’t have the of the kinds of resolutions power to change law. that are passed are very often But that didn’t stop law- utterly symbolic. They are in makers from taking 30 min- favor of mom and apple pie Thu utes in the House to debate kind of things.” 39/29 a resolution urging Congress While some resolutions 2/21 not to designate millions of establish rules and proce- Snow showers possible. Highs in acres of federal land in Utah dures lawmakers will follow, the upper 30s and lows in the up- and Colorado as wilderness, most do not. per 20s. which would prohibit oil and Resolutions lawmak- gas drilling. With 57 co-spon- ers are considering this year sors, House Joint Resolution include reaffirming the words 10 passed in the House 58-11. ‘under God’ in the Pledge of By definition, resolutions Allegiance; declaring Feb. Fri have no authority, but state 6 Ronald Reagan Day, and 40/30 lawmakers are still fond of encouraging Congress to 2/22 them. address illegal immigration. A few snow showers. Highs in the In the first four weeks of Most resolutions are low 40s and lows in the low 30s. a six-and-a-half week legis- approved with little debate, lative session, Utah lawmak- while others drag on. ers have spent precious time Two weeks ago, a somewhat giving speeches and debating frustrated Rep. Carl Wimmer, the merits of resolutions rang- R-Herriman, had to remind Sat 38/33 ing from opposing the wilder- AP photo / Salt Lake Tribune, Al Hartmann, file his colleagues that his resolu- 2/23 ness designation to encour- Rep.